Active SLED Opportunity · NEW YORK · COUNTY OF ONTARIO
AI Summary
County of Ontario, NY seeks sealed bids for sign materials and safety products for highway use. Submission deadline April 28, 2026. Includes detailed insurance, prevailing wage compliance, and bid security requirements. Award may include renewals. Electronic and paper bids accepted.
The County of Ontario (the "County"), is soliciting sealed Bids for IFB# B26060 REBID Purchase of Sign Materials & Safety Products - HWY. The County prefers electronic submittals via the eProcurement Portal at https://procurement.opengov.com/portal/ontariocountyny however, sealed paper bids can be filed with the Ontario County Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424, PRIOR TO 3:00 pm prevailing time, on Tuesday, April 28, 2026 at which time said bids will be publicly opened and read via Webex meeting.
Project work includes REBID Purchase of Sign Materials & Safety Products.
Please see Exhibit D in the attachments for detailed specifications.
Location: TBD
Project Type: REBID Purchase of Sign Materials & Safety Products
PRC#: TBD
Effective dates of schedule provided by NYS DOL: July 2025 through June 2026.
A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for this project.
The current schedule(s) of the prevailing rates and prevailing hourly supplements for the project referenced above may be accessed at the New York State Department of Labor website @ www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering the assigned PRC# at the proper location on the website.
All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.
As of December 31, 2025, all contractors and subcontractors working on projects covered by Article 8 of NYS Labor Law must electronically provide certified payroll records to the New York State Department of Labor through the Certified Payroll portal. Payroll information must be reported every 30 days.
For policy or rate questions call the NYS Department of Labor at (585) 258-4505. If you do not have internet access, you may contact the Ontario County Purchasing Department at (585) 396-4442 to request a copy of the prevailing rate schedule provided for this project.
Please reference the topic of “Prevailing Wages” in the General Information section of this document.
This Invitation for Bid is the County seeking an offer for REBID Purchase of Sign Materials & Safety Products, further detailed in the Bid Specifications. An “Award” if made, will be to the lowest responsive/responsible vendor(s) in part or in whole who meet(s) all the terms of the Bid Specifications. If the County accepts your offer via Award, the County and Awarded Vendor will have entered a legally binding contractual relationship. The County's "Bid Documents" and the Awarded Vendor's “Response Documents” constitute the “Agreement”. If any terms of the Bid Documents conflict with or differ from the Awarded Vendor's Response Documents, the provisions of the Bid Documents shall control. 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.
NOTICE IS HEREBY GIVEN, that the County of Ontario (the “County”), will receive sealed bids for Invitation for Bids ("IFB")# B26060 REBID Purchase of Sign Materials & Safety Products - HWY. 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, April 28, 2026 at which time said bids will be publicly opened and read via Webex meeting.
Meeting Link: https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=mfe5ca6330e4db21bef12028f6e6e9e24
Meeting Number: 2332 992 8405
Meeting Password: B26060
This Request for Competitive Offer is the County seeking an offer for REBID Purchase of Sign Materials & Safety Products, further detailed in the Bid Specifications. An “Award” if made, will be to the responsive/responsible vendor(s) in part or in whole who provides the "best value" for the County and meet(s) all the terms of the Bid Specifications. If the County accepts your offer via Award, the County and Awarded Vendor will have entered a legally binding contractual relationship. The County's "Bid Documents" and the Awarded Vendor's “Response Documents” constitute the “Agreement”. If any terms of the Bid Documents conflict with or differ from the Awarded Vendor's Response Documents, the provisions of the Bid Documents shall control. 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.
Auto Liability |
|
Any Auto OR | $1,000,000 |
Owned | $1,000,000 |
Hired | $1,000,000 |
Non-Owned | $1,000,000 |
NOTICE IS HEREBY GIVEN, that the County of Ontario (the “County”), will receive sealed bids for IFB# B26060 REBID Purchase of Sign Materials & Safety Products - HWY. The County prefers electronic submittals via the eProcurement Portal at https://procurement.opengov.com/portal/ontariocountyny however, sealed paper bids can be filed with the Ontario County Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424, PRIOR TO 3:00 pm prevailing time, on Tuesday, April 28, 2026 at which time said bids will be publicly opened and read via Webex meeting.
Meeting Link: https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=mfe5ca6330e4db21bef12028f6e6e9e24
Meeting Number: 2332 992 8405
Meeting Password: B26060
Location: TBD
Project Type: REBID Purchase of Sign Materials & Safety Products
PRC#: TBD
Effective dates of schedule provided by NYS DOL: July 2025 through June 2026.
A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for this project.
The current schedule(s) of the prevailing rates and prevailing hourly supplements for the project referenced above may be accessed at the New York State Department of Labor website @ www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering the assigned PRC# at the proper location on the website.
For policy or rate questions call the NYS Department of Labor at (585) 258-4505. If you do not have internet access, you may contact the Ontario County Purchasing Department at (585) 396-4442 to request a copy of the prevailing rate schedule provided for this project.
Please reference the topic of “Prevailing Wages” in the General Information section of this document.
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 |
There will be a pre-bid meeting held on NO VALUE at NO VALUE. Said meeting will be held at the NO VALUE. All interested parties are strongly urged to attend. This will be the only opportunity to view the site.
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 |
Bid Documents and specifications may be obtained from the County's eProcurement Portal via https://procurement.opengov.com/portal/ontariocountyny or at the office of the County Purchasing Director at the above mentioned address. Vendors requesting arrangements for other than U.S. Mail shall be responsible for making such arrangements and all associated costs.
The County reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York (“GML”), to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to GML Sections 100 through 104. However, it is understood that the extension of such awards under GML Sections 100 through 104 are at the discretion of the Awarded Vendor and the Awarded Vendor is only bound to any award between the County and the Awarded Vendor.
Bid forms, Drawings, and Specifications may be downloaded from the County’s e-Procurement Portal https://procurement.opengov.com/portal/ontariocountyny. Hard copies will be available for a refundable deposit of $100.00 per set (U.S. FUNDS). Checks shall be made payable to the Ontario County Treasurer. No bidder shall receive hard copy documents prior to receipt of a deposit by the Purchasing Department. Bidders requesting arrangements other than U.S. Mail shall be responsible for making such arrangements and all associated costs. Deposits must be a check or cash; no credit cards or copies of checks are accepted.
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 |
Pursuant to General Municipal law section 105, the County has forty-five (45) days to accept a vendor’s offer submitted via vendor’s Response Documents. By submitting the Response Documents, you are agreeing to hold your offer open for a minimum of forty-five (45) days. An offer may be extended beyond forty-five (45) days at the vendor’s discretion. Notice of award(s) shall be in the form of a copy of the Resolution adopted by the County Board of Supervisors.
**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 |
Electronic responses will not be accepted for this project. NYS GML does not allow us to accept electronic responses for Article 8 Public Works projects. Any response submitted electronically will be deemed non-responsive and rejected.
Each Bid Response shall include a bid bond in the amount of 5% of the total bid offered by the vendor. Said bid bond shall be in the form of a certified check, bond or irrevocable line of credit and is required to be included with the bid submittal.
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 |
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.
The County reserves the right to renew all or any part of this Agreement, if awarded for up to two (2) twelve (12) month periods.
Response Documents 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 Response Documents, the dealer shall guarantee that they are an authorized dealer of the manufacturer and the manufacturer has agreed to supply the dealer with the equipment offered in the response 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 they are an authorized dealer, if so requested.
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 |
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 |
The County shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the County Purchasing Department or via our eProcurement portal at https://procurement.opengov.com/portal/ontariocountyny. Any vendor submitting a Bid Response based on incomplete or inaccurate information resulting from documentation received from any third party, shall not have cause for relief from Award in accordance with the official documents on file with the County Purchasing Department.
It is HIGHLY suggested that all vendors interested in participating in this project, consult the eProcurement portal at the above website to assure they have received the most accurate and up to date material concerning this contract.
When any bid includes the lease and/or purchase of goods, material and/or equipment, the vendor shall submit a price on the County Bid Schedule. 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 Awarded Vendors submitting the Response Documents and supplying the goods, material, service or equipment described in the Bid Specifications. Any financial or other arrangements made between the Awarded 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 Awarded Vendor. The County shall not make partial or prepayments of any kind unless stipulated in the Bid Specifications by the County.
The County does not offer or supply anyone the list of people that have obtained a copy of these bid specifications or cost estimates for the project prior to the opening of the bid. NO EXCEPTIONS ARE MADE TO THIS POLICY.
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 |
Each response must be accompanied by Bid security made payable to the Ontario County Treasurer in an amount of 5% of the vendor's maximum 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 Awarded Vendor will be retained until the Agreement has been awarded and the Awarded Vendor has furnished the required Agreement security, and met the other conditions of the Award, whereupon the Bid security will be returned. If the Awarded Vendor fails to execute and deliver the Agreement and furnish the required contract security within ten (10) calendar days after the notice of award, the County may annul the Award and the Bid security of that Awarded Vendor may be forfeited. In accordance with General Municipal Law 103 the Bid security of other vendors whom the County believes to have a reasonable chance of receiving the award may be retained by the County until such time as an award has been made, whereupon Bid security furnished by such vendors will be returned. Bid security with Bids which are not competitive will be returned as soon as possible after the Bid opening.
The County reserves the right to reject any or all bids.
**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 |
All Awarded Vendors of this IFB 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 Awarded Vendors bid security will be returned by mail.
Payments to Awarded Vendor will be made within thirty (30) calendar days of receipt of an approved and accepted invoice by the County. If the Invitation for Bids is for equipment, the County will pay the Awarded Vendor within thirty (30) calendar days of receipt and acceptance of the equipment as fully functional and operational including training of County staff by the Awarded Vendor in the operation and maintenance of the equipment and upon receipt and approval of a correct invoice from the Awarded Vendor. Prior to receiving payment, the County requires that the Awarded Vendor 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 Awarded Vendor as are reasonably pertinent to this Agreement, if awarded, to substantiate the basis for payment and compliance with the terms of this Agreement, if awarded.
Reproduction of this document and its attachments in any manner, including electronically, is prohibited without the express written permission of the County Purchasing Department.
Prepared by:
COUNTY OF ONTARIO
Stacy Schmitt
Buyer
Purchasing Department
Commercial General Liability |
|
Each Occurrence | $1,000,000 |
General Aggregate | $2,000,000 |
Products Completed Operations | $1,000,000 |
Personal & Advertising Injury | $1,000,000 |
Medical Expense | $5,000 |
Sexual Abuse and Molestation (where applicable) | $25,000 |
Cyber Liability (where applicable) | $2,000,000 |
This Agreement, if awarded, shall be for a term beginning, 05/22/2026 and ending, 12/31/2026. The County reserves the right to renew all or any part of this Agreement, for up to two (2) twelve (12) month periods.
This Agreement, if awarded, shall be for a term beginning, 05/22/2026 and ending, 12/31/2026. There shall be no renewals for this Agreement.
Any Agreement, if awarded, shall be for that period of time required to complete the project 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 Awarded 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. The vendor shall immediately inform the County in writing of any cause for delay in the performance of an Agreement, if awarded. Finally, the Agreement period shall include all the time required by the County to make committee and board approvals for payments.
Unless stated otherwise at no time during the term of this Agreement, if awarded, may any of the pricing submitted in the Response Documents be changed for any reason without prior written approval by the County. The Awarded Vendor may request a price adjustment after the first six months of the term of this Agreement, if awarded. However, the Awarded Vendor may only make one such request in a twelve (12) month period. The Awarded Vendor shall give the County a minimum of thirty (30) 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. If the Awarded Vendor refuses to perform under this Agreement due to a rejection of a requested price adjustment, the County shall have the right, power and authority to complete the services provided for in this Agreement, if awarded, or contract for their completion with another vendor and any additional expense or cost of such completion shall be charged to and paid by the Awarded Vendor of this Agreement.
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 on the billable percentage above Labor only 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 (CPI) 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. Said adjustment will increase the billable percentage above Labor Costs, by the full percentage of the Consumer Price Index (CPI) Table 4 for all items as calculated by the County Purchasing Department. As an example, if the billable percentage above labor costs is 10% and the CPI is 2.5%, the new billable percentage will be 12.5%. There will be no increase allowed on percentage markups on materials or equipment.
If tariffs imposed by the State, Federal, or Foreign governmental authorities change during the term of this Agreement, if awarded, and directly impact the cost of a product or a clearly defined component part thereof, the Awarded Vendor may request a price adjustment if the net change in cost attributable solely to such tariff charge exceeds five percent (5%) of the total Agreement price. Any such adjustment shall be limited to the lesser of (i) twenty percent (20%) of the original Agreement 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 and must include official importer receipts or customs documentation showing proof of tariff payment and transaction date. Increases will only be approved if Awarded Vendor clearly demonstrates a direct impact from the tariff on the specific goods or components being purchased under this Agreement, if awarded. Increases are subject to the County's sole discretion and written approval is required prior to the implementation of any price change.
Throughout the term of this Agreement if awarded, 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 this Agreement, if awarded, the Awarded Vendor must notify 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 Awarded Vendor 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 this Agreement, if awarded, the Awarded Vendor will inform the County of the change and the County will 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 this Agreement, if awarded; the calculated fuel costs applied to the overall amount paid to the Awarded Vendor will revert to the original fuel cost calculated at the beginning of the Agreement, if awarded.
The County will not pay any type of fuel surcharge on any item unless specifically indicated as such by the Bid Documents. Any fuel charges added and not authorized by the County will be deleted from any payments made to the Awarded Vendor.
The Awarded 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.
In regard to any taxes, please acquire a copy of form ST-120.1 from the NYS Department of Taxation and Finance and follow accordingly.
The Awarded 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 this Agreement, if awarded and any terms and conditions of a grant associated with this Agreement, if awarded.
The Awarded Vendor shall issue progress reports to the County as the County may direct.
The Awarded Vendor shall immediately inform the County in writing of any cause for delay in the performance of this Agreement, if awarded.
The Awarded Vendor expressly understands and agrees that it is and shall in all respects be considered an independent contractor. The Awarded Vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the Awarded Vendor in the performance of this Agreement, if awarded 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, the Awarded 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 Agreement, if awarded and agrees if the County were to be assessed a penalty related to this bid that they will defend and indemnify the County for any said penalty or related penalty.
The Awarded Vendor expressly agrees that:
The Awarded 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 this Agreement, if awarded, no person having any such interest shall be employed by it.
The Awarded 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 Awarded Vendor to solicit or secure this Agreement 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 being awarded this Agreement. 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 this Agreement, if awarded, without liability, and to deduct the awarded price, or otherwise to recover, the full amount of such fee, commission percentage, gift or consideration.
All original records compiled by the Awarded Vendor in performing under this Agreement, if awarded, 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 Awarded Vendor may retain copies of such records for its own use.
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 this Agreement, if awarded. Awarded Vendor shall reimburse the County for any funds expended by the County that would have been paid by Awarded Vendor’s insurance carrier under any required insurance. Should Awarded Vendor’s required insurance be cancelled or lapse in any way, Awarded Vendor shall submit the insurer’s notice of cancellation or lapse to the County within two business days of receipt.
The Awarded Vendor agrees to the fullest extent of the law:
These defense and indemnification obligations shall survive the expiration or termination of this Agreement, if awarded, whether occasioned by the Agreement’s expiration or earlier termination.
The County, upon ten (10) calendar days’ notice to the Awarded Vendor, may terminate this Agreement, if awarded, 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 Awarded Vendor shall be compensated and the County shall be liable only for payment for goods, materials, equipment and/or services provided under this Agreement, if awarded, up to the effective date of termination.
In the event of a dispute as to the value of services rendered by the Awarded 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 Awarded Vendor. Such reasonable and good faith determination shall be accepted by the Awarded Vendor as final.
Should the equipment fail to perform as advertised at any point within the timeframe of the guarantee, the Awarded Vendor shall, at its own expense, and at the County's option, repair or replace said equipment. Should the Awarded 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 Awarded 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 Awarded Vendor of any of the terms of this Agreement, if awarded, and such breach remains uncured for five (5) days after service on the Awarded Vendor of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete that which is required by this Agreement, if awarded, and any additional expense or cost of such completion shall be charged to and paid by the Awarded Vendor. Service of notice hereunder shall be effective on the date of mailing.
Each vendor affirms that at the time the Response Documents were provided to the County, they 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 Agreement, if awarded, 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 of the Awarded Vendor to disclose any such judgments and/or findings at the time the Response Documents were submitted or during the term of this Agreement, if rewarded, will result in the termination of any contracts and other penalties as deemed legal and appropriate by the County.
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 another 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 award as a result of this bid.
The Awarded Vendor agrees 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.
Each vendor shall submit with their Response Documents 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 (if submitting a physical bid response, a form has been provided). 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.
All vendors submitting Response Documents 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 (see, Prevailing Wage Schedule for Public Work Project). The Awarded Vendor is responsible for complying with all current labor rates and regulations throughout the duration of this Agreement, if awarded. 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 Awarded 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 the Awarded Vendor covered under this Agreement, if awarded, prior to the Awarded Vendor supplying the County with certified payrolls in accordance with NYS Department of Labor regulations. The Awarded 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 those workers involved in any part of a contract for the County are required by law to receive said rates.
Corporations and partnerships submitting Response Documents are hereby informed that all personnel involved in the performance of this Agreement, if awarded, 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 this Agreement, if awarded, it is the responsibility of the Awarded Vendor to comply with the higher of the two prevailing wage schedules listed above.
Vendors currently on the NYS Department of Labor Debarred list will not be considered for Award. By submitting a bid for consideration, each 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 with advertised bid specifications 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.
By submitting a bid in response to this solicitation or by assuming the responsibility of an award hereunder, the Awarded Vendor 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 any subcontractor that is identified on the Prohibited Entities List. Additionally, Awarded Vendor has been advised that should it seek to renew or extend this Agreement, if awarded, it must provide the same certification at the time the agreement is renewed or extended.
During the term of this Agreement, if awarded, should the County receive information that a person of business (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 or business an opportunity to respond. If the person or business fails to demonstrate that it 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 Agreement, including, but not limited to, seeking compliance, recovering damages, or declaring the Awarded Vendor 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 Awarded Vendor and appears on the Prohibited Entities list after award.
An Award, may be on the basis of materials and equipment as described in the Drawings, and Bid Specifications, and/or “or equal” items submitted by the vendor and accepted by the County.
Vendors may offer “or equal” items that meet the same performance and reliability standards as specified in the Bid Specifications. If a vendor offers an “or equal” item, the vendor must include with their Response Documents 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 Award shall be at the vendor’s expense.
If a submitted “or equal” item is rejected, the vendor shall be afforded an opportunity to meet with the County to offer additional qualifying opinions and information.
If, after this meeting, the County still 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 vendor shall not have the opportunity to submit any alternative materials or equipment after the bids have been opened or awarded.
If an “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.
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.
In accordance with New York State General Municipal Law, the County will not be liable for any purchases or contracts, including this Agreement, if awarded, for which funding is not available. As a result, the Awarded Vendor agrees to hold the County harmless for any awards including this Agreement, if awarded, 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. 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 Awarded Vendor agrees to only assess those financial damages that it can prove to have incurred as a direct result of the cancellation.
In accordance with New York State General Municipal Law Section 109, at no time during the term of this Agreement, if awarded, shall the Awarded Vendor be allowed to assign, transfer, convey, sublet or otherwise dispose of their right, title, or interest in this Agreement, if awarded to a third party without the prior express written approval of the County Board of Supervisors.
Vendors 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 this Agreement, if awarded.
Awarded Vendor 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 Response Documents 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.
If any provision of this Agreement, if awarded is determined to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining portions of this Agreement, if awarded. 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 this Agreement, if awarded 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. This Agreement, if awarded shall be construed and enforced in accordance with the laws of the State of New York.
When submitting a hard copy response, be certain that:
When submitting a response electronically, be certain that:
A physical bid response is required for this project, be certain that:
Please include the name, title, email and phone of the authorized representative submitting this response.
Please upload a copy of your W9
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. Supply in the following format.
Vendor Name and Address :
Emergency Contact Name # 1:
Phone Number:
Emergency Contact Name # 2:
Phone Number:
Emergency Contact Name # 3:
Phone Number:
Please upload the bid form here.
In accordance with State Finance Law §139‐l, which generally prohibits the County from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York Labor Law §201‐g, the bidder submits the following certification under the penalty of perjury:
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 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.
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 knowledge and belief:
The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;
Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and
No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition.
In accordance with New York State Pollutant Discharge Elimination System (“SPDES”) general permit for stormwater discharge, the County is required to have the following certification when it relies upon any third-party entity to develop or implement any portion of its Stormwater Management Plan. Therefor the bidder submits the following certification under the penalty of perjury:
I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Ontario County stormwater management program and agree to implement any corrective actions identified by Ontario County or a representative. I also understand that Ontario County must comply with the terms and conditions of the SPDES general permit for stormwater discharges form the Municipal Separate Storm Sewer Systems and that it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards. Further, I understand that any non-compliance by Ontario County will not diminish, eliminate, or lessen my own liability.
Failure to provide the County with the following insurance forms may deem the vendor non-responsive.
Please upload proof of your Workers' Compensation insurance. See insurance requirements for acceptable forms.
Please upload proof of your Disability insurance. See insurance requirements for acceptable forms.
Please upload proof of your Liability insurance/auto/professional insurance supplied on an ACORD Certificate. See insurance requirements for required coverages and limits.
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
By confirming and submitting this Bid, the authorized representative acknowledges that they have read, understand and agree to all of the terms of the bidding documents as presented without reservation or alteration including but not limited to: the Notice to Bidders, Instructions to Bidders, General Information, Insurance Forms and Amounts, Bid Specifications, Vendor Questionnaire, Non-Collusive, Statement on Sexual Harassment and any Addenda upon which the bid is based.
All prices are to be net delivered prices and are to include no taxes.
Format: Project work includes __________
Example: storm drain cleaning services
Enter the Meeting link.
Enter the meeting number.
Enter the meeting Password
If this award is based on best value, the project cannot be Article 8.
Building name, address. This information will be used in the location section of the PRC schedule
This is the number assigned by the DOL for the project
Format for answer should be: up to two (2) twelve (12) month periods
Answer should be the date the Agreement begins (MM/DD/YYYY) or, the date of Award
Answer should be the end date of the Agreement (MM/DD/YYYY), or twelve (12) months from date of Award or the number of months of the Award.
Choose one.
Will the vendor be able to request price increases based on Tariff increases?
Select yes to show relevant verbiage and add vendor questionnaire item
The County is required to have the certification when it relies upon any third-party entity to develop or implement any portion of its Stormwater Management Plan.
Select yes to show insurance requirements
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
Please select the relevant vendor classification for insurance requirements
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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