Various Mechanical & Plumbing Term Service

The County of Ontario (the “County”), will receive sealed bids for IFB# B26070 Various Mechanical & Plumbing Term Service. 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, July 21, 2026 at which time said bids will be publicly opened and read.

Electronic bid submittals will not be accepted for this project. Only hard copy submittals delivered to the address above in a sealed envelope will be accepted. Electronic bid submittals will be deemed non-responsive and disqualified.

Project work includes various mechanical and plumbing term services.

Project Details

• Reference ID: B26070
• Department: Department of Public Works
• Department Head: Christopher Day (Commissioner of Public Works)

Important Dates

• Questions Due: 2026-07-16T21:00:00.000Z

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
• Award of Bid —

  This Invitation for Bid is the County seeking an offer for various mechanical and plumbing term services, 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. 

• Scope of Work —

  Ontario County intends to contract with qualified mechanical and plumbing contractor(s) to provide labor, equipment and materials for maintenance, repair and construction services on various projects at various County facilities. The Contractor will be required to work independently or in cooperation with County personnel. Work to be provided by the Contractor will be under the direct supervision of the Contractor's project manager, construction superintendent and/or foreman and will be paid on a time and materials basis.

• Notice to Bidders —

  NOTICE IS HEREBY GIVEN, that the County of Ontario (the “County”), will receive sealed bids for Invitation for Bids ("IFB")# B26070 Various Mechanical & Plumbing Term Service. 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, July 21, 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=m323b2e99798115533f52112e08d43f3e

  Meeting Number: 2336 820 7867

  Meeting Password: B26070

• Article 8 Wage Schedule Information —

  Location: Various County Buildings

  Project Type: various mechanical and plumbing term services

  PRC#: 2026017708

  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. 

• Article 9 Wage Schedule Information —

  Location: Various County Buildings

  Project Type: various mechanical and plumbing term services

  PRC#: 2026017708

  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. 

• Automobile Liability —

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

• Bidder Qualifications —

  No bid will be considered for award unless the Bidder can meet the following minimum qualifications:

  1. Must be commercial mechanical service organization complete with operations base and mobile service units capable of furnishing all services required under this contract.
  2. Must employ at least one (1) plumber.
  3. Must employ at least one (1) welder.
  4. Must have access to a qualified labor pool, including but not be limited to, pipefitters, sheet metal workers, ironworkers.
  5. Use of subcontractors for specialty service or to cover competencies outside a vendor core work, must be approved by County personnel.
• Notice to Bidders —

  NOTICE IS HEREBY GIVEN, that the County of Ontario (the “County”), will receive sealed bids for IFB# B26070 Various Mechanical & Plumbing Term Service. 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, July 21, 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=m323b2e99798115533f52112e08d43f3e

  Meeting Number: 2336 820 7867

  Meeting Password: B26070

• Award of Bid —

  This Request for Competitive Offer is the County seeking an offer for various mechanical and plumbing term services, 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. 

• Pre-bid meeting —

  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.

• Definitions —
  1. County: The County of Ontario, New York
  2. Invitation for Bids: Formal advertised request by the County seeking offers from qualified vendors
  3. Agreement: consists of the Bid Documents, Response Documents, and Resolution, and is binding to both parties
  4. Award: the passage of a resolution by the Ontario County Board of Supervisors to enter a legally binding agreement with the Vendor for the various mechanical and plumbing term services
  5. Resolution: a formal written statement that expresses a decision by the Ontario County Board of Supervisors following a vote at a Board of Supervisors meeting
  6. Awarded Vendor: the vendor that has submitted a valid offer via Response Documents, is deemed the lowest responsive/responsible vendor by the County, and whose offer via Response Documents is accepted by the Ontario County Board of Supervisors via Resolution
  7. Bid Documents: For purposes of Award, the "Bid Documents" shall consist of:
     1. Notice to Bidders
     2. Instruction to Bidders
     3. General Information
     4. Insurance Requirements
     5. Bid Specifications
     6. Bid Schedule
     7. Any Addenda
  8. Response Documents: For purposes of Award, the “Response Documents” shall consist of:
     1. Bid Form
     2. Individual, Corporate, Partnership or LLC Acknowledgement
     3. Non-Collusive affirmation
     4. Sexual Harassment policy affirmation
     5. Completed Bid Schedule
     6. Any additional information included with bid response
• Contractor Experience —

  In submission of the proposal for the Contract, the Contractor hereby undertakes a fiduciary responsibility to the County to ensure that the Contractor's expenditures, use of labor, subcontracts, rentals, purchases and allocations are fair, reasonable, properly allocable, in the County's best interest, and are at the lowest possible cost consistent with the proper completion of the work hereunder.

   

  The Contractor shall demonstrate sufficient experience in trades work equivalent to this contract. Bidders shall submit a statement of past and present experience on similar contracts with the bid proposal. Such statements shall include, but not necessarily be limited to:

   

  1. Name and address of Owner.
  2. Name, telephone and email address of Owner contact.
  3. Scope of work.
  4. Duration of contract.
  5. Approximate dollar value.
• 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

• Service Locations —

  The contract resulting from this bid will be available to Ontario County Municipalities and Water/Sewer Districts.  Ontario County Sewer District includes the Canandaigua Lake County Sewer District and the Honeoye Lake County Consolidated Sewer District.

   

  County Sewer District facilities include the following:

  • Honeoye Lake Wastewater Treatment Plant
  • Ontario County Sewer District Pump Stations
  • Constellation Brands - Marvin Sands Performing Arts Center (CMAC) Pump Station

   

  Ontario County Municipalities include the following:

  • All County Facilities as specified by County personnel
• 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

• Definitions —
  1. County: The County of Ontario, New York
  2. Request for Competitive Offer: Formal advertised request by the County seeking offers from qualified vendors and awarded on the basis of best value. In New York State General Municipal Law (GML), "best value" is a basis for awarding purchase contracts to the vendor which optimizes quality, cost, and efficiency, among responsive and responsible vendors. 
  3. Agreement: consists of the Bid Documents, Response Documents, and Resolution, and is binding to both parties
  4. Award: the passage of a resolution by the Ontario County Board of Supervisors to enter a legally binding agreement with the Vendor for the various mechanical and plumbing term services.
  5. Resolution: a formal written statement that expresses a decision by the Ontario County Board of Supervisors following a vote at a Board of Supervisors meeting.
  6. Awarded Vendor: the vendor that has submitted a valid offer via Response Documents, is deemed the best value, and a responsive/responsible vendor by the County, and whose offer via Response Documents are accepted by the Ontario County Board of Supervisors via Resolution.
  7. Bid Documents: For purposes of Award, the "Bid Documents" shall consist of:
     1. Notice to Bidders
     2. Instruction to Bidders
     3. General Information
     4. Insurance Requirements
     5. Bid Specifications
     6. Bid Schedule
     7. Evaluation
     8. Any Addenda
  8. Response Documents: For purposes of Award, the “Response Documents” shall consist of:
     1. Bid Form
     2. Individual, Corporate, Partnership or LLC Acknowledgement
     3. Non-Collusive affirmation
     4. Sexual Harassment policy affirmation
     5. Any additional information included with bid response
• Documents - No Deposit —

  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.

• Standard Products —

  All materials, equipment and accessories provided by the Contractor shall be new and unused, shall be essentially the standard product of a manufacturer regularly engaged in the production of such material or equipment, and shall essentially duplicate material or equipment that has been in satisfactory operation in County facilities. Where applicable, the products used should be compatible with existing systems. The County reserves the right to reject any material, equipment or equipment manufacturer.

• 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

• Extension of Award to Other Entities Via GML Sections 100 to 104 —

  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.

• Documents - with Deposit —

  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.

• Important Information —

  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.

• 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

• Method of Award —

  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.

• Quality Control & Safety —

  All materials must comply with manufacturer specifications.  Contractor must have in use a written health and safety program.

   

  The Contractor must be capable of providing staff having the following training and certifications and documentation thereof:

  1. Occupational Safety and Health Standards for Construction (OSHA 10 Hour Course)
  2. Permit-Required Confined Space Entry
  3. Fall Hazard Awareness for the Construction Industry
  4. Lockout/Tag-out
  5. Asbestos Handler Certification when required based on specific project

   

  The Contractor shall be aware some facilities are classified as Class 1 Division 1 Group D Hazardous Locations. These areas are considered by OSHA as Permit Required Confined Spaces and require the Contractor to make his own assessment and follow appropriate procedures.

   

  The Contractor's attention is directed to the fact that when working at sewer district facilities, only Ontario County (or municipal owner) designated personnel may shut down existing pump stations. The Contractor shall coordinate with the Department Supervisor for operation of pump stations.

• Bid Security —

  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.

• 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

• 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.

• Protection of Property —

  The Contractor shall be responsible for the preservation and protection of property adjacent to the work site against damage or injury as a result of his operation under this Contract. Any damage or injury occurring on account of any act of omission or negligence on the part of the Contractor shall be restored in proper and satisfactory manner or replaced by and at the expense of the Contractor.

   

  It is the Contractor's responsibility to be aware of and comply with such safety regulations as may be required by jurisdictional agencies and shall at all times conduct operations so as to avoid and eliminate any unsafe conditions created by said operations.

• Renewals —

  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.

• Transportation —

  Contractor is required to provide service vehicle(s) as necessary and ability to transport/deliver materials.

• 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

• Qualification of Bidder —

  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. 

• 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

• Clean-Up —

  The Contractor shall at all times keep the premises and site free from accumulations of waste material or rubbish caused by tradesmen or work. At the completion of the work, all rubbish caused from and about the site of the work shall be removed.

• Note —

  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.

• 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 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.

• Work to be Performed —

  The assignment of work, direction and supervision of Contractor's tradesmen shall be the responsibility of the Contractor. Work will not be directed, assigned or supervised by the County. Inspection of said work will be done by County/ Municipality personnel.

   

  The Contract shall cover, but is not limited to, the following construction disciplines:

  1. Assembles, installs and repairs pipe fixtures of refrigeration, cooling, ventilation, heating, water, sewer and drainage systems, according to specifications and plumbing codes.
  2. Studies building plans and drawings to determine work aids required and sequence of cuts and threads pipe cutters, cutting torch and thread machine.
  3. Fabricates, assembles, installs, and maintains piping systems, fixtures and equipment for building systems, sewer, water, heating and cooling.
  4. Replacement of small, medium and large flanged check valves, gate valves, butterfly valves, plug valves, flow tubes located from 8 feet above floor grade to 30 feet below grade.
  5. Removal and replacement of small, medium and large carbon steel, ductile iron, welded, threaded, roll grooved or cut grooved pipe, up to 10 feet long, located from 8 feet above floor grade to 30 feet below grade.
  6. Replacement of submersible sewage pumps located from 6 to 30 feet below grade.
  7. Replacement of hydraulic gate actuators from ground level to up to 20 feet below grade.
  8. Replacement of stairs, handrails, floor grating and hatches in pump stations.
  9. Start-up and Programming as required.
• Participating Vendors —

  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.

• Bid Security —

  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.

• 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

• Labor Requirements —

  Recognizing that the scope of this contract is intended to provide mechanical services to multiple departments for projects of varying size and scope, the bidder must have access to a labor pool of qualified tradesmen sufficient to satisfy the project requirement.

   

  The County reserves the right to refuse, without cause, any tradesman assigned to this contract. The County shall have the right to demand, orally or in writing, the removal of any tradesman performing services for the County pursuant to this Agreement. In such event, the Contractor shall remove such individual and shall immediately cause a replacement to be made with an employee of the Contractor performing the same trade as the employee of the Contractor so removed or at the County's option, with an employee of the Contractor performing a different trade. In the event that a tradesman is removed by the County, the County shall promptly notify the Contractor.

   

  The County reserves the right to let other contracts in connection with any work let under this contract.

   

  The Contractor will afford other contractors’ reasonable cooperation in the execution of their work and will properly coordinate its work with theirs.

   

  The Contractor shall submit a brief narrative statement indication the source of the required tradesmen.

• Performance / Material / Labor Bonds —

  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. 

• Rejections —

  The County reserves the right to reject any or all bids.

• 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

• Property of the County —

  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

• Payments —

  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. 

• Municipal Funding —

  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

• Daily Time & Materials Report —

  The Contractor shall provide a daily time and materials report. These original daily reports attached to the Contractor's invoice will be the only basis for payment by the County. The report sheets shall list as a minimum:

   

  1. Name of each employee
  2. Number of hours per employee
  3. Brief statement of work performed
  4. Materials used
  5. Equipment used
  6. Labor rate(s) per hour

   

  Tradesmen are required to complete and sign (original signature in ink) an original daily time and materials report documenting hours worked on a daily basis. Any changes must be initialed by the tradesman.

• Term of Agreement —

  This Agreement, if awarded, shall be for a term beginning, 09/15/2026 and ending, 09/14/2027. The County reserves the right to renew all or any part of this Agreement, for up to two (2) twelve (12) month periods.  

• Time Charges —

  The time for each project will be computed from the time of arrival to time of completion of the project at the job site. The County will not pay for travel time or any other expenses above and beyond those indicated to and from the job site. No additional costs may be added after award of the contract. All time to be computed to the nearest 1/2 hour.

   

  All time charges shall be computed using applicable prevailing wage rates and supplements. Work day varies by department but is generally between 7:00 AM and 5:00 PM Monday through Friday. Specific work hours are to be arranged with the department.

   

  There is no guarantee for a minimum number of hours. The number of hours worked will be based solely on the County's needs.  Overtime requirements are established per prevailing rate schedule for each trade or occupation.

   

  The County shall have the right to make changes to the normal work hours for purposes of increased efficiency and coordination with facility operations.

   

  Invoices for payment shall be submitted to the Ontario County Public Works Department located at 2962 County Road 48, Canandaigua, NY 14424 within 30 days of job completion.

• Tools & Rental Equipment —

  The Contractor is expected to have on hand sufficient and proper tools of the trade to facilitate the work and handle all emergencies normally encountered in work of this character as outlined in these specifications and as otherwise would reasonably be expected. This includes general items such as hand tools, protective clothing, communication equipment, confined space entry apparatus, decontamination and traffic control devices for the purposes of this Contract. These costs shall be considered in the bid as a percentage of total repair invoice excluding any rental of specified equipment.

   

  The County will reimburse the Contractor for the actual cost of the rental of specialized tools or equipment not readily available to the Contractor or the Municipality. The Contractor shall notify the County before the actual rental of such tools or equipment occurs and shall supply information in writing regarding rental costs and duration of rental.

• Term of Agreement —

  This Agreement, if awarded, shall be for a term beginning, 09/15/2026 and ending, 09/14/2027. There shall be no renewals for this Agreement.

• Parts & Materials Reimbursement —

  Cost for parts and materials incorporated in the work will be reimbursed at the Contractor's net cost plus five (5%) percent. For routine repair jobs, the Contractor may use materials from his own stock. Such items will be charged at the Trade Service Price in effect at the time the materials are used, plus five (5%) percent. The Contractor will not be required to submit individual invoices for such material but is expected to maintain supporting documentation for these material charges. General shop/site supplies and tools are expected to be used as part of any assignment.  A bid item is presented that allows vendors to charge for this expense.

   

  When material or equipment is required for a particular job, which is not standard stock material, the Contractor must submit their vendor invoice showing the actual amount paid.

   

  The County reserves the right to conduct an audit or to request documentary evidence to substantiate any prices billed for materials. The Contractor shall maintain records of all materials furnished and installed as part of a purchase order. The County shall not reimburse the Contractor for any sales tax.

• Term of 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.

• Billing Multiplier —

  Bidders shall bid a Multiplier for costs associated with administering this contract. The Multiplier shall include overhead and profit. The Multiplier will be calculated on top of the hourly wage only (prevailing wage plus supplemental benefits) for tradesmen to determine the invoice price. The Multiplier shall not be added to any other costs allowable under this contract.

   

  Prevailing wage rates and prevailing hourly supplements for each title shall be determined by using Prevailing Wage Schedule for Article 8 Public Work Project Case Number, as assigned by the New York State Department of Labor for this project. The County will not provide clarification on which wage to be paid. For questions regarding Prevailing Wage, please contact the Department of Labor.

   

  The Multiplier shall remain the same throughout the term of this contract. Any adjustment to the wage rates by the Department of Labor will affect the wage rates and supplements only. The multiplier will remain constant regardless of the wage rates.

   

  Emergency work after hours, holiday and weekends, may be required under this contract.  The Contractor and municipal representative will mutually agree to the project scope and adjustment in the hourly multiplier, per the bid offered. 

   

  EXAMPLE OF BILLING SUMMARY:

  Wages (per periodic rate schedule)                            $32.08

  Supplemental Benefits (per hour worked)               $18.58

  Total Hourly Wage                                                     $50.66

   

  Multiplier (example)                                                x    1.1

  Invoice price per hour                                                 $55.73

   

  [NOTE: The labor rate preceding is an EXAMPLE ONLY and is similar to those required to be charged to all municipalities in accordance with the New York State Prevailing Wage Laws.  These rates are for our comparison only.  The contractor is responsible for paying actual rates and following all prevailing wage requirements.]

   

• Price Adjustments —

  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.

• 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 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.

• Awarding the Bid —

  Typically, these small projects tend to be of a short timeframe.  In an effort to comply with the Ontario County Purchasing Procedures Manual, NYS General Municipal Law 104b and meet the needs of the municipality, the County will award this bid to one contractor who able to complete the aforementioned projects on an as needed basis. The award of this bid shall be determined by the bidder who provides the lowest cost based upon labor prices bid as a multiplier of prevailing wage. In the case of ties, the County shall use the percentage cost of shop supplies used in contract services as a deciding factor.

• Tariff Charges —

  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.

• Emergency Repairs —

  When an emergency arises, the County will contact the awarded Primary Vendor.  The two parties will meet, discuss the project and establish the project Scope of Work.  The vendor will provide a written quote with the total price and a breakdown of labor, materials and necessary equipment, by the end of the next business day.  If the work is approved by the County, the vendor must be prepared to perform the emergency repair within 72 hours of the initial call. 

  If the County approves the work, a "Purchase Order" detailing the project requirements, start and end date, as well as any other pertinent information, will be created and the written quote will be used as the Scope of Work The Purchasing Department will issue a purchase order to the vendor.

   

  NOTE: No work is to proceed, or materials ordered, until such time as a purchase order is received by the vendor for each specific project.

  Since this work may need to be performed after hours, weekend or holiday's, the Contractor’s qualified representative must respond to the site of the emergency within two-hours of the County’s initial contact.

• Quarterly Fuel Price Adjustments —

  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.

• Non-Emergency Work —

  When a non-emergency repair arises, the County will contact the awarded Primary Vendor. The two parties will meet, discuss the project and establish the project Scope of Work. The vendor will provide a written quote and workplan within five (5) working days.  The quote shall include an all-inclusive price based upon the billable percentage above prevailing wage, materials, and equipment. The quote must also provide a breakdown separating labor, materials, and equipment charges.

  If the County approves the work, a Purchase Order detailing the project requirements, start and end date, as well as any other pertinent information, will be created and the written quote will be used as the scope of work. The Purchase Order will substantiate as a Notice to Proceed with the work.

   

  NOTE: No work is to proceed, or materials ordered, until such time as a purchase order is received by the vendor for each specific project.

  Any contract(s) awarded as a result of this bid may be utilized for projects where the total project cost does not exceed $30,000.00.  Larger projects will be bid or quoted separately. 

   

  Note: If a change order increases any project above the NYS bid limit of $35,000, the County reserves the right to stop any work and issue a separate bid for the entire project or the change order, depending on the situation.

• Fuel Surcharges —

  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. 

• Samples —

  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.

• Tax on Materials —

  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.

• Compliance —

  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.

• Progress —

  The Awarded Vendor shall issue progress reports to the County as the County may direct. 

• Delays —

  The Awarded Vendor shall immediately inform the County in writing of any cause for delay in the performance of this Agreement, if awarded.

• Independence —

  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 their 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.

• Non-Discrimination —

  The Awarded Vendor expressly agrees that:

  1. in the hiring of employees for the performance of this Agreement, if awarded, neither the Awarded 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 Awarded Vendor, any subcontractor, nor any person acting on behalf of such Awarded Vendor or subcontractor shall, in any manner, harass, discriminate against or retaliate against any employee hired for the performance of work under this Agreement, if awarded, 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 this Agreement, if awarded, neither the Awarded 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 Awarded Vendor by the County under this Agreement, if awarded, 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 this Agreement, if awarded 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 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.

• Records —

  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.

• 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 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.

• Defense and Indemnification —

  The Awarded 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 Awarded 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 Awarded Vendor or third parties under the direction or control of the Awarded 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 “(1)” 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 this Agreement, if awarded, whether occasioned by the Agreement’s expiration or earlier termination.

• 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.

• Judgments / Legal Findings —

  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 Agreement awarded them as a result of this IFB. 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 Agreements and other penalties as deemed legal and appropriate by the County.

• 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 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.

• Prevailing Wages —

  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.

• Notes —

  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.

• Iran Divestment Act —

  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.

• Substitute or "Or Equal" Items —

  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.

• Non-Appropriations Clause —

  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.

• Non-Assignment —

  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.

• Employee Verification Requirements —

  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.

• Miscellaneous —

  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.

• Bid Form Responses —

  When submitting a hard copy response, 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. 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. In the event that any deviation, substitution, or variation exists between the specifications requested and the item or service being proposed, the vendor shall contact the County for clarification prior to the bid opening. Failure to obtain such clarification in advance may result in the bid being deemed non-responsive. The County shall not be responsible for interpreting or inferring intent from an ambiguous, unclear, or incomplete response. Any lack of clarity or deviation not expressly approved by the County prior to bid opening may be grounds for disqualification.
     4. 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. 

  When submitting a response electronically, be certain that:

  1. All requested documents have been uploaded;
  2. The Individual, Corporate, Partnership or LLC Acknowledgement has been signed and notarized;
  3. All confirmations have been completed;
  4. The Bid Schedule is filled out completely:
     1. In the event that any deviation, substitution, or variation exists between the specifications requested and the item or service being proposed, the vendor shall contact the County for clarification prior to the bid opening. Failure to obtain such clarification in advance may result in the bid being deemed non-responsive. The County shall not be responsible for interpreting or inferring intent from an ambiguous, unclear, or incomplete response. Any lack of clarity or deviation not expressly approved by the County prior to bid opening may be grounds for disqualification.
• Bid Form Responses —

  A physical bid response is required for this project, 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. 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. In the event that any deviation, substitution, or variation exists between the specifications requested and the item or service being proposed, the vendor shall contact the County for clarification prior to the bid opening. Failure to obtain such clarification in advance may result in the bid being deemed non-responsive. The County shall not be responsible for interpreting or inferring intent from an ambiguous, unclear, or incomplete response. Any lack of clarity or deviation not expressly approved by the County prior to bid opening may be grounds for disqualification.
     4. 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

• BIDDER STATEMENT ON STORMWATER DISCHARGE
• BIDDER'S STATEMENT ON STORMWATER DISCHARGE (required) —

  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.

• BID SECURITY
• Please upload your executed bid bond here (required)
• Project Purpose? (required) —

  Format: Project work includes __________ 

  Example: storm drain cleaning services

• Webex meeting link for opening. (required) —

  Enter the Meeting link.

• Webex meeting number for opening. (required) —

  Enter the meeting number.

• Webex meeting password for opening. (required) —

  Enter the meeting Password

   

• Is there a deposit for hard copy documents? (required)
• Will this bid be awarded based on Best Value? (required) —

  If this award is based on best value, the project cannot be Article 8.

• Is there a pre-bid meeting for this project? (required)
• Will the vendors list be shared? (required)
• Will Samples be required? (required)
• Does this project require Prevailing Rate? (required)
• Is this project Article 8 or Article 9? (required)
• What is the location of the project? (required) —

  Building name, address. This information will be used in the location section of the PRC schedule

• What is the PRC# (required) —

  This is the number assigned by the DOL for the project

• Do you want an Electronic Bid Schedule for this bid? (required)
• Include piggyback language in Method of Award? (required)
• Will this contract require Bonds?
• Contract term type? (required)
• How many renewals will be allowed? (required) —

  Format for answer should be: up to two (2) twelve (12) month periods

• What will be the start date of this agreement? (required) —

  Answer should be the date the Agreement begins (MM/DD/YYYY) or, the date of Award

• What will be the end date of this Agreement? (required) —

  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.

• Will price adjustments be allowed? (required)
• How will price increases be calculated? (required) —

  Choose one.

• Will Tariff increases be allowed? (required) —

  Will the vendor be able to request price increases based on Tariff increases?

• Do quarterly fuel adjustments apply? (required)
• Will catastrophic emergency services apply to this project? (required) —

  Select yes to show relevant verbiage and add vendor questionnaire item

• Does this bid require the Statement on Stormwater Discharge? (required) —

  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. 

• 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