2025-49 Fire Extinguisher Services for Niagara County.pdf

NIAGARA COUNTY

DEPARTMENT OF MANAGEMENT & BUDGET

DIVISION OF PURCHASING

Philo J. Brooks County Office Building First Floor - Park Avenue Entrance 59 Park Avenue Lockport, New York 14094-2740

Telephone: 716-439-7200 Fax: 716-439-7205

BID # 2025-49

FIRE EXTINGUISHER SERVICES

FOR

NIAGARA COUNTY

Niagara County Department of Management & Budget/ Division of Purchasing Fire Extinguisher Services for Niagara County IFB 2025-49

LEGAL ADVERTISEMENT

PUBLIC NOTICE

Invitations for Bid will be received at the Niagara County Department of Management & Budget, Division of Purchasing, Philo J. Brooks County Office Building, 59 Park Avenue, Lockport, New York 14094, and said quotation will be publicly opened at the same address for:

Invitation for Bid 2025-49: Fire Extinguisher Services for Niagara County at 2:00 PM on November 13, 2025

Late Bids will be returned, unopened to contractor. All Bids shall be accompanied by a non-collusion statement in order to be considered.

Specifications are available at no charge and must be downloaded at www.bidnetdirect.com/new-york. Vendors will need to register before downloading. Questions regarding this bid may be directed to Division of Purchasing, Philo J. Brooks County Office Building, 59 Park Avenue, Lockport, New York 14094, at 716-439-7210, Monday through Friday between the hours of 8:30 am and 4:00 pm.

Bids shall remain firm for a period of forty-five (45) days following the date of the bid opening.

The County reserves the right to reject any and all bids, to waive any informality in bids, to accept the quotation by items or as a whole. In case of error in the extension of prices in bid, the unit price will govern.

http://www.bidnetdirect.com/new-york

INSTRUCTIONS TO BIDDERS

FOR INVITATIONS FOR BID

INTENT

It is the intent of Niagara County to secure the services of a qualified firm capable of inspecting, testing and maintaining portable fire extinguishers as described in the attached documents.

TIMELINE

The following timeline has been established for this invitation for bid process:

INVITATION FOR BID Schedule and Timeline Date Invitation For Bid Submitted/Available October 23, 2025

Deadline to Submit Questions October 30, 2025 12:00 PM

Final Responses to Questions Issued November 6, 2025, 5:00 PM

Proposal Submission Deadline November 13, 2025, 2:00 PM

Notification of Finalists Upon review by Purchasing Department

CONTACT AND INQUIRIES

Questions or comments regarding this invitation for bid must be put in writing and received by Purchasing Agent no later than October 30, 2025 at 12:00 PM. Questions shall be submitted in writing and shall be directed to:

Jennifer Marotta, Purchasing Agent Niagara County Office of Management and Budget Philo J. Brooks County Office Building 59 Park Avenue, Lockport, New York 14094 Phone: (716) 439-7210 Fax: (716) 439-7205 jennifer.marotta@niagaracounty.gov purchasing@niagaracounty.gov mailto:jennifer.marotta@niagaracounty.gov

NOTICE

Sealed Quotations will be received, publicly opened, read aloud, and made available for public inspection in the Purchasing Office, by the undersigned at:

2:00 PM on November 13, 2025

FOR

Fire Extinguisher Services for Niagara County

Invitation for Bid# 2025-49 in accordance with specifications on file at the below address. This department reserves the right to reject any and all bids, and waive any informality.

Bid responses may be submitted by either electronic format on BidNet: www.bidnetdirect.com/new-york or by hard copy format to the Niagara County Purchasing Department in the manner listed here:

One (1) original bid and one (1) electronic copy on a flash drive or compact disc shall be submitted to:

NIAGARA COUNTY

DEPARTMENT OF MANAGEMENT & BUDGET

DIVISION OF PURCHASING

Philo J. Brooks County Office Building First Floor - Park Avenue Entrance 59 Park Avenue Lockport, New York 14094-2740 Phone: (716) 439-7201 Fax: (716) 439-7205

Bids mailed or otherwise submitted which are received, at the above submittal address, after the time designated for openings will not be considered. Facsimile or electronically mailed proposals are not acceptable and will be rejected.

Submit bids in sealed envelopes bearing the bidder's name and address and also mark in the LOWER LEFT CORNER of the envelope the following:

BID ON:

BID NUMBER:

Fire Extinguisher Services for Niagara County

2025-49

ATTENTION: FAILURE TO COMPLETE ALL INFORMATION ON THE BID ENVELOPE MIGHT

NECESSITATE THE PREMATURE OPENING OF THE BID WHICH MAY COMPROMISE ITS

CONFIDENTIALITY.

THE TOTAL NUMBER OF PAGES CONTAINED IN THIS BID SHOULD BE 35, INCLUDING ATTACHMENTS.

IF ANY PAGES ARE MISSING, PLEASE CONTACT THE PURCHASING OFFICE.

NOTE: Any delay due to traffic, weather, and construction, mechanical failure, failure to locate Purchasing office, mail or express delivery is not an exception to the deadline for receipt of proposals. Please plan accordingly.

NIAGARA COUNTY RESPONSE CHECKLIST

Please note below a list of documents that must be submitted in full as part of this bid.

Submitting a bid on any condition, limitation or provision not officially invited in this bid may also be cause for rejection.

Please check each item indicating your compliance:

THIS CHECKLIST MUST BE SUBMITTED AS PART OF YOUR PROPOSAL.

□ RESPONSE CHECKLIST

□ BIDDER CERTIFICATION AND ASSIGNMENT OF CLAIM (signed)

□ NON-COLLUSION CERTIFICATE (signed & notarized)

□ IRANIAN DIVESTMENT CERTIFICATE (signed & notarized)

□ VENDOR RESPONSIBILITY FORMS

□ SEALED BID WORKSHEET (Signed and in Excel format: EXHIBIT I - (separately attached))

□ REQUIRED INFORMATION – (VI. BIDDERS QUALIFICATIONS AND MINIMUM REQUIREMENTS)

□ FORMS AS LISTED IN BID – ADDITIONAL LITERATURE/WARRANTY/ BROCHURES

(IF APPLICABLE)

□ WARRANTY INFORMATION

□ RETURN GOODS POLICY AND PROCEDURE

□ SPECIFICATIONS FOR ALL BID PRODUCTS THAT ARE NOT PER MANUFACTURER ITEM

NUMBERS IN SPECIFICATIONS

□ ADDENDUM(S) ACKNOWLEDGED (IF APPLICABLE)

COMPANY FEIN #

ADDRESS CITY/ST/ZIP

TELEPHONE NUMBER E-MAIL ADDRESS

AUTHORIZED REPRESENTATIVE (PRINT) TITLE

AUTHORIZED SIGNATURE DATE

Failure to submit any of the documents as part of your proposal or failure to acknowledge any addendum in writing with your bid may be cause for rejection of the proposal.

SPECIAL CONDITIONS

1. Bid Response: It is highly recommended that the vendor completely read the bid prior to filling it out to become acquainted with the terms and conditions of the bid document and merchandise requirements.

2. Late Bids: Bids received in the Purchasing Office after the date and time prescribed shall not be considered for contract award and shall be returned to the vendor as non-responsive. The bidder is responsible for the delivery of the bid. If the bid is delivered to the wrong county office, by any delivery method, the bidder bears the responsibility. Delivery of the Bid to the specified location at the prescribed time and dates is the sole responsibility of the bidder.

The County employee whose duty it is to receive bid documents will decide when the specified time has arrived and no bid/proposal received thereafter will be accepted.

3. Contract Award: Award of contract will be made following a review of bids by the Purchasing Agent and the designated personnel associated with this bid. If awarded, the County will award the contract to the lowest responsive and responsible bidder meeting these specifications.

4. Method of Award: The contract will be awarded to the lowest responsible bidder(s) in part or in whole who meet(s) with all the terms of the specifications. The County reserves the right to make an award as deemed in its best interest, which may include making an award to a single vendor or multiple vendors; or to award the whole Bid, only part of the Bid, or none of the Bid to single or multiple bidders based on its sole discretion of its best interest. The County guarantees no minimum or maximum purchases or contracts as a result of award of this Bid.

Bidders shall take notice that as a condition of the award of the County contract, pursuant to meeting specifications, the successful bidder agrees to accept the award of a similar contract with any or all of the municipalities in Niagara County if called upon to do so. The County, however, will not be responsible for any debts incurred by participants pursuant to this or any other agreement.

Necessary deviation from the County’s specifications in the award of a participant’s contract, particularly as such deviations may relate to quantities or delivery point shall be a matter to be resolved between the successful bidder and participants. All inquiries regarding prospective contracts shall be directed to the attention of the local agency and not the County.

4. Performance Ability: The successful bidder must be prepared, if requested to furnish evidence, including documentary evidence where necessary, to establish proof of financial responsibility and ability to perform if awarded the bid. In all cases the decision of the County of Niagara will be considered final.

5. Bidders must complete Sealed Bid Worksheet; otherwise, quotation may be rejected. ONLY ONE BID PER

LINE ITEM MAY BE SUBMITTED.

Should the bidder fail to complete the columns as required for each and every item specification, the County reserves the right to void this bid.

Bidder may submit quotation on only one commodity, several commodities, or all commodities in this quotation however bidders are encouraged to bid on all commodities in this quotation.

6. Pricing: Price is firm. The unit prices bid shall remain, firm, and any other charges bid shall also remain firm, for delivery of the equipment, material, product, work, or services described in this bid. No cost increase shall be charged for any reason whatsoever.

7. Each price bid will include any and all expenses involved in the furnishing said services covered under these specifications. Each bid price will exclude any and all taxes. Governmental entities are tax-exempt under State law.

8. Brand Names: Brand name(s) and /or catalog number(s) are given (if used) for the purpose of identification and to denote the standard of quality designated, and do not, in any way, restrict bidders to a specific make and manufacturer. Bid on items if “equal quality or better” will be considered.

9. Non-Collusion Statement: A signed and notarized Non-Collusion Statement must be returned with your proposal.

10. Irregular Bids: Bids shall be considered irregular for the following reasons:

A. If the bid is on a form other than that furnished by the County, or if the County’s form is altered.

B. If there is unauthorized additions, conditional or alternative pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

C. If the bid is not accompanied by the bid guaranty specified (if any) by the County.

11. Low Tie Bids: Low tie bids are low responsive bids from responsible bidders that are identical in price and which meet all the requirements and criteria set forth in the Bid Document. At Niagara County discretion, and award shall be made in any permissible manner that will resolve tie bids, including but not limited to:

A. Award of the contract to a business providing goods produced or manufactured in the county or to a business that otherwise maintains a place of business in this county;

B. Award of the contract to a bidder offering a low tie bid who received the previous award; and

C. If no permissible method will be effective in resolving tie bids the award may be made by drawing lots, by a neutral party, in order to break the tie.

12. Deviation from Specifications: Any deviation from the listed specifications must be completely outlined.

Failure to comply will constitute reason to declare the bid unresponsive. The Niagara County Purchasing Agent reserves the right to waive any informality or to reject any and all bids. The Niagara County Purchasing Agent reserves the right to reject any material(s) or services which do not comply with these specifications.

13. Alternate Proposals: In the event satisfactory bids are not received, Niagara County reserves the right to consider alternative proposals containing deviations from County specifications. Bidders shall explain in detail where such alternatives deviate from or qualify the terms of the proposal and specifications as issued.

14. Proof of Compliance: The vendor shall bear the burden of proof for compliance with this specification. For all products or equipment offered, vendor must submit detailed technical specifications, product literature, and Material Data Sheets (MSDS) addressing all of the requirements.

15. Niagara County Reserves the Right:

A. Reject any and all bids received in response to this Bid;

B. Reject the bid of a vendor who has previously failed to perform properly;

C. To waive any technical or formal defect in the bids, this is considered by Niagara County to be merely irregular, immaterial, or unsubstantial.

D. The County reserves the right to reject any bid/proposal of any vendor who has previously failed to perform adequately after having once been awarded a prior bid/proposal for furnishing product, material or services similar in nature to those in this bid/proposal.

16. Invoicing/Payment: Payment will be made forty five (45) days or less after receipt of invoice. A final inspection and written approval from owner’s representative shall be required prior to invoicing from vendor.

17. Completeness or Accuracy of Bid Documents: The County of Niagara 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 Niagara County Purchasing Department.

Any vendor submitting a bid based on incomplete or inaccurate information resulting from documentation received from any third party, shall not have cause for relief from award or completion of a contract in accordance with the official documents on file with the Niagara County Purchasing Department.

It is HIGHLY suggested that all vendors interested in participating in this bid, contact the Niagara County Purchasing Department directly at the above address or telephone number to assure they have received the most accurate and up to date material concerning this contract.

18. Registration, Downloading, Addenda from Purchasing Web Site: You must register with The Empire State Bid System before you download either an IFB or Addendum. Vendors are exclusively responsible for the downloading Addendums from the web site. It is imperative to check The Empire State Bid System web page frequently right up to the IFB closing date. By submitting a proposal a vendor waives any claims related to the failure to keep so apprised.

19. Addenda: Niagara County may, at any time by written notification posted on The Empire State Bid System, change any portion of the Bid describe and detailed herein. These changes will be communicated to the vendors in the form of Addenda. Copies of addenda will be made available for inspection at the Purchasing Office and posted on the Empire State Bid System web page at www.bidnetdirect.com/new-york. Vendors are exclusively responsible f or the downloading Addendums from the web site. No Addenda will be issued later than forty-eight (48) hours prior to the date and time for the receipt of offers, except an addenda withdrawing the Bid or addenda for postponement of the Bid due date/time.

Bidders shall ascertain prior to submitting their bid they have received all Addenda issued and the acknowledge receipt of Addenda by the return of the signed Addenda form(s) with the Bid response. It is the responsibility of the Bidder to check the Empire State Bid System web page for Addenda which may be issued on this Bid.

20. Withdrawal of Bid: A Bid may be withdrawn at any time prior to the submittal deadline. A Bid may be withdrawn and resubmitted at any time prior to the submittal deadline. No Bid may be withdrawn after the submittal deadline without the consent of purchasing which may be withheld by the Purchasing Department in its absolute discretion.

21. Amendment of Bid: A Bid may not be amended. However, a Bid may be withdrawn and resubmitted pursuant to resubmitted (Withdrawal of Bid) section above.

22. Exceptions: Any exceptions to terms, conditions, or other requirements in any part of the Bid must be clearly pointed out in the specific form provided in this Bid. Otherwise, the County will consider that all items Bid are in strict compliance with the Bid, and the successful Bidder will be responsible for compliance.

23. Written Communication: No negotiations, decisions, or actions, shall be initiated or executed by the vendor as a result of any discussions with any County employee or the vendor’s misinterpretation of this Bid. Only those communications which are in writing from those County representatives as identified in this Bid may be considered as a dully authorized expression on behalf of the County. Also, only communications from vendors

Note: It is the bidder’s sole responsibility to verify the bid submittal includes any or all addenda which are signed and in writing shall be recognized by the County as duly authorized expressions on behalf of the vendors.

24. Clarification of Bid Information: Niagara County reserves the right to request verification, validation or clarification of any information contained in any of the Bids. This clarification may include checking of references and securing other data from outside sources, as well as from the vendor.

25. Reference to Other Materials: The Offeror cannot compel Niagara County to consider any information except that which is contained in its Bid, or which is offered in response to a request from the County. The Offeror should rely solely on its Bid. The County, however, reserves the right, in its sole discretion, to take into consideration its prior experience with Offeror and information gained from other sources.

26. Insurance Cancellation and Expiration Notice: Insurance required herein shall not expire, be cancelled, or materially changed without thirty (30) days prior written notice to the County.

27. Independent Contractor: It is understood the Contractor is an independent contractor and shall not be considered an agent of the County, nor shall any of the Contractor’s agents or employees be considered subagents for the County.

28. Purchases by other Local Governments: Niagara 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, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between the County of Niagara and the vendor.

Additionally, the County reserves the right to purchase any goods or services included as a part of this bid from any means legally available to it at any time.

29. Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of the Agreement shall be brought in the County of Niagara.

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

31. Contract Period: Contract period shall be for three (3) years from date of award with the option to extend for two (2) additional one year periods upon mutual agreement by both the County and awarded vendor. The successful bidder’s quotation prices must be firm for the initial three year contract period. Any increases in pricing that are intended to apply to any extensions of the initial three (3) year contract period should be included in the bidder's response. It is the intention of the County for the contract to begin as soon as possible.

32. The bid or purchase order may be canceled or amended if the County encounters continuing or irresolvable problems with the selected Vendor(s) concerning quality of products, service levels, pricing discrepancies or delivery problems.

GENERAL TERMS AND CONDITIONS

1. Each Invitation for Bid response shall be enclosed in a sealed envelope and must be mailed or delivered so as to be received prior to the time set in the advertisement for the deadline. Electronic submissions must be uploaded to the www.bidnetdirect.com platform prior to the determined deadline. If the Invitation for Bid is a physical submission, the sealed envelope shall have the information noting the service and date and time of deadline. This information must be affixed to the outermost packaging to be easily identified by Purchasing personnel as a sealed Invitation for Bid.

2. Invitation for Bid shall be submitted on Niagara County BID Forms, unless otherwise indicated in the BID specifications, or Invitation for Bid will not be considered. Invitation for Bid must be typed or printed in ink. Original autograph signatures in ink are required.

3. Niagara County will assume no responsibility for oral instructions or interpretation. Any questions regarding this Invitation for Bid that may change the specifications in this Invitation for Bid must be received in writing according to the BID Schedule and Timeline. Inquiries must identify the Invitation for Bid by title and due date.

Any alterations, interlineations or erasure of the Invitation for Bid must be initialed by the signer of the Invitation for Bid, guaranteeing authenticity.

4. AWARDS. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Invitation for Bid. In determining whether a bid is lowest and responsive, and the Bidder responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder's taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Invitation for Bid and the Niagara County Purchasing Guidelines having bearing on the decision to make the award. The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the Invitation for Bid of a bidders who has previously failed to perform properly. The County may award contracts by line item, category, or on an all or none basis.

5. Respondents are to furnish all information requested in the spaces provided on the BID forms. Further, as may be specified elsewhere, each Respondent must submit with their Bids cuts, sketches, descriptive literature, and/or complete specifications covering the products offered. Reference to literature submitted previously does not satisfy this provision. Bids in non-compliance with these requirements will be subject to rejection.

6. This Executor Clause shall be a part of any agreement entered into pursuant to the Invitation for Bid procedure: It is understood by the parties that the agreement shall be executory only to the extent of the monies available to the County of Niagara and appropriated therefore, and no liability on account thereof shall be incurred by the County beyond the monies available and appropriated for the purpose thereof.

7. No taxes are to be billed to the County of Niagara. Bids shall not include any Federal, State, or local excise, sales, transportation, or other tax, unless Federal or State law specifically levies such tax on purchases made by a political subdivision.

8. The successful Respondent shall comply with all laws, rules, regulations, and ordinances of the Federal Government, the State of New York and any other political subdivisions or regulatory body which may apply to its performance under this contract.

9. The successful Respondent to whom a contract is awarded shall not assign, transfer, convey, sublet or otherwise dispose of a contract or the successful Respondent’s right, title or interest therein, or the successful Respondent’s power to execute such contract to any other person, firm or corporation without the express prior written consent of Niagara County, in accordance with New York State General Municipal Law, Section 109.

http://www.bidnetdirect.com/

10. A Bid submitted is firm and irrevocable for a period of forty-five (45) days from the date and time of the BID deadline. If a contract is not awarded within the forty-five (45) day period, a Respondent to whom the BID has not been awarded may withdraw his Bid by serving written notice of his intention to the County of Niagara. Upon withdrawal of the Bid, pursuant to this paragraph, the County of Niagara will forthwith return the Respondent’s security deposit (if applicable). Once selected, the vendor agrees to extend submitted prices, if needed, during the contract negotiation period.

11. The base Bid shall remain firm and any other charges proposed shall also remain firm, for delivery of services or goods described in the BID.

12. Any contract entered into pursuant to a Bid may be terminated at any time during the term of the contract by Niagara County through notification in writing to the other party via certified mail of the desire to cancel. Such notice shall be serviced not less than thirty (30) days prior to the desired termination date.

13. In executing a Bid, the Respondent affirms that all of the requirements of the specifications are understood and accepted by the Respondent, and that the prices quoted include all required materials and services. The County will not be responsible for any errors or omissions on the part of the Respondent in preparing their Bid. In case of error in extension of prices in the Bid, the unit price will govern.

14. Manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in accordance with any State and local requirements for labeling or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels, the Underwriters’ Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies, or the American Gas Association for gas operated assemblies. Further, all items furnished by the successful Bid/Respondent shall meet all requirements of the Occupational Safety and Health Act (OSHA) and State, local and federal requirements relating to clean air and water pollution. “The NYS Right to Know Law and the OSHA Hazard Communication Standard (29CFR 1920.1200 - Revised August 24, 1987) require that Manufacturers prepare and submit to the County of Niagara a Material Safety Data Sheet for any product(s) that have been evaluated and determined to contain hazardous substances.

(PLEASE SUBMIT WITH INITIAL SHIPMENT AN APPROPRIATE MATERIAL SAFETY DATA SHEET FOR EACH

PRODUCT, WHERE APPLICABLE)”

15. Samples may be requested as a part of the solicitation or after the opening of Bid/RFPs. When requested, they are to be furnished as called for, free of expense, and if not destroyed will upon request be returned at Respondent’s expense.

Respondent’s request for return of samples must be made no later than the date on which they are furnished. Respondent shall label each sample individually with their name and item number.

If the vendor submitting the bid has the award for a specific item and is submitting a bid for the same item without any alterations or deviations, it is not necessary to submit a sample as we have direct access to and experience with the quality and consistency of the item.

If, in the judgment of the County, the sample is not in accordance with the specifications, the County reserves the right to reject the bid.

If an alternate product is being offered, the bidder shall provide a complete description (literature) of the alternate being offered.

16. The Respondent shall be fully accountable for his or its performance under a Bid, or any contract entered into pursuant to a Bid, and agreed that the Respondent, or its officers, will answer under oath all questions relevant to the performance thereof and to any transaction, act or omission had, done or omitted in connection therewith if called before any Judicial, County or State officer or agency empowered to investigate the contractor or the contractor’s performance.

17. All Bids must be accompanied by a duly executed Non-Collusion Statement in order to be considered.

18. The apparent silence of this specification as to any details or the omission from it of a detailed description concerning any point shall be interpreted as meaning only the best commercial practices are to prevail and that only materials and workmanship of the first quality are to be used. It is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

19. In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of any item offered on this BID prior to delivery, it shall be the responsibility of the successful Respondent to notify the County of Niagara at once, indicating in his letter the specific regulation which requires such alterations. The County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

20. Discrimination - The successful Respondent agrees:

(A) That in the hiring of employees for the performance of work under this contract, no contractor, nor any person acting on behalf of such contractor, shall by reason of race, creed, color, sex, national origin, age, disability, marital status, Military Veteran status or arrest record, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. Niagara County is an Equal Opportunity Employer.

(B) That no contractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance or work under a contract on account of race, creed, color, sex, national origin, age, disability, marital status or Military Veteran status.

(C) That a contract may be canceled or terminated by the County of Niagara and all monies due, or to become due, may be forfeited for a violation of the terms and conditions of a contract.

21. JOINT OFFERS/ SUB CONSULTANTS. Where two or more Bidders desire to submit a single Bid in response to this BID, they should do so on a prime/sub consultant basis rather than as a joint venture or informal team. For this engagement, Niagara County intends to contract with an individual firm and not with multiple firms doing business as a joint venture. If a sub consultant is used, the fact must be disclosed in the Bid, together with the name of each sub consultant, method of compensation to the sub consultant and its duties in relation to the scope of work.

22. Niagara County reserves the right to issue written addenda to any inquiries that alter the scope of the Bid. Niagara County reserves the right to decline to respond to any questions if, in Niagara County’s assessment, the information cannot be obtained and shared with all potential Bidders in a timely manner.

Requests for interpretation of specifications should be addressed in writing, or orally, to Purchasing personnel and must be received prior to the date fixed for the BID deadline. Any and all interpretations and supplemental instructions will be made in the form of written addenda to the specification. The County will make every reasonable effort to notify specification holders when and addendum is issued, and all addenda will be available for inspection at least forty-eight (48) hours prior to a Bid deadline (except notices of BID postponement or cancellation, which may be made up to the scheduled BID opening time). Failure of any Respondent to receive such addendum shall not relieve such Respondent from any obligation under the Bid as submitted. Any and all addenda shall become part of the BID and contract.

23. If requested in writing by the County of Niagara, Respondent must present within forty-eight (48) hours, satisfactory evidence of the ability to perform and possession of the necessary facilities, personnel, experience, monetary resources and insurance to comply with specifications and otherwise provide the County with sufficient grounds to believe that it is likely, beyond a reasonable doubt, that the Respondent can provide the commodities and/or service(s) specified.

24. The successful Respondent(s) shall be notified by means of a contract award letter and/or purchase order that the Bid has been accepted. The mailing of either award letter or a valid purchase order shall constitute a contract between Niagara County and the successful Respondent(s).

25. When required by Niagara County, the successful Respondent shall execute a standard form Agreement with Niagara County which incorporates all the terms and conditions of the contract between the parties. Such Agreement shall be executed within fourteen (14) days of notification, by which time the contractor shall also have supplied all required bonds and insurance.

26. A contract resulting from BID solicitation will constitute the entire and integrated Agreement between the parties. No other terms or conditions will become part of an Agreement unless they are approved in writing by both parties and attached to an Agreement or Addendum. Additional terms and conditions must be included with the Bid, prior to the submission deadline.

27. Payments will be made by the County after goods and/or services have been rendered and are complete. Payment will be made upon submittal of a complete invoice. If a Purchase Order is required, the Purchase Order must also be properly completed and submitted with invoice to insure payment. Any claim against the contractor may be deducted by the County from any money due him in the same or other transactions. Any delivery of product or service which does not meet the requirements of the contract may be rejected or accepted on an adjusted price basis as determined by the County. In any case where a question of non-performance of a contract arises, payment may be withheld in whole or in part at the discretion of the County as compensation for any loss, damage, or cost incurred by the County as a result of said non-performance.

28. Any bond(s) and/or insurances required must be on a form acceptable to Niagara County, and must be issued only by companies licensed to do business in New York State by the New York State Commissioner of Insurance. Insurance policies must name Niagara County as “Additional Insured”. Certified checks or standard form letters of credit may be submitted in lieu of a bond, subject to acceptance by Niagara County as to sufficiency and form.

29. Niagara County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US. C.§§ 2000d to 2000d-4), hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this BID, disadvantaged business enterprises will be afforded full and fair opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

30. By submission of this Bid, each bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

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

31. Unless the Respondent specifically notes otherwise, a Bid shall be to furnish all items/services exactly as specified, in complete conformance to all terms, conditions and specifications. Any exception proposed by a Respondent must be clearly noted in unambiguous writing and submitted with the Bid before the BID deadline. Unless otherwise specifically noted, the County will execute a contract based solely on its terms, conditions and specifications.

32. The complete legal name of the firm or corporation shall be used when executing BID documents. Do not abbreviate. If a corporation, use the name as it appears on the corporate seal.

33. Any manufacturer’s names, trade names, brand names, information and/or catalog numbers used within a Bid are for the purpose of description and establishing general quality levels. Such references are not intended to be restrictive and equivalent products of any manufacturer may be offered. Determination of equivalency shall rest solely with the County.

34. In the event any item or items in this bid are made available to the County on a New York State Government contract at a unit price lower than that price on which award was made to the low bidder, the County reserves the right to purchase at the lower price under the NYS Government contract.

35. Suspension and Debarment: Vendors must be vetted using the United States Federal Government’s System for Award Management (SAM) before the purchase and/or contract is completed, for any purchase of $25,000 or more. Vendors must be run through this system before each purchase to ensure that they are not suspended, debarred, declared ineligible or voluntarily excluded from eligibility for covered transactions by any federal departments or agencies who are not allowed to receive Federal funds. Departments must notify either the Purchasing Department or the County Treasurer to request a vendor check before the purchase is made. All vendors will be required to register on the SAM website. If a sub recipient is going to make a purchase using Federal funding, they must check the status of the vendor in SAM, or they can request a check through the Niagara County Purchasing Department or the Niagara County Treasurer. The sub recipient will need to communicate the vendor status to the project director and this communication must be documented.

36. All Contracts awarded, in part or in whole designated to be in receipt of Federal funding must adhere to the 49 CFR Title 2 Part 200 and regulations set forth by the Office of Management and Budget (OMB).

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

37. INDENMITY AND SAVE HARMLESS AGREEMENT

Any contract, prior to signature, must include a clause/section wherein “defense, indemnity and hold harmless” provisions in form and content reviewed and approved by the County Attorney are included in protecting the County’s interest.

Such clause acceptable to the County of Niagara would be the following:

“The Contractor agrees to defend and indemnify the County of Niagara, their officers, agents and employees, and shall hold them harmless from any and all risks of every kind, nature and description resulting from or arising out of the work and/or service performed by the Contractor, or its sub contractor, under this contract; provided, however, that Contractor shall not be required to indemnify the County with respect to such risks to the extent caused by the negligence or intentional misconduct of the County or the County’s contractors, over whom Contractor has no authority or control.”

The Contractor by agreeing to defend the County of Niagara as set forth above, agrees that if the County of Niagara receives a claim, complaint, or is sued under this contract pertaining to their work, acts or services, then this contractor agrees to pay all attorney fees and expenses; the selection of such attorney to represent Niagara County shall be the sole and exclusive determination of Niagara County.

38. INSURANCE AND CERTIFICATE REQUIREMENTS. Each and every contract, whether for professional services, vendors or contractors, must meet minimum insurance specifications in order to protect the County’s interest and/or as evidence of compliance with New York State law.

GENERAL REQUIREMENTS: Before commencing work, the successful service provider or contractor and any subcontractor shall furnish evidence such as a Certificate of Insurance, acceptable to the County of Niagara, that it has procured and will maintain, at its own expense, until final acceptance of the work, or until released in writing at the time of "Notice of Substantial Completion", insurance in the kinds and amounts hereinafter specified. The County of Niagara is defined as Niagara County, its agents, officers and employees.

A Certificate of Insurance acceptable to the County of Niagara must meet the following requirements:

• List the type of insurance coverages and acceptable limits, as required by the County of Niagara.

• Name the certificate holder as County of Niagara, 111 Main Street, Suite 102, Lockport, NY 14094.

• Name the County of Niagara, its agents, officers, and employees (without reference to a specific department) as an additional insured on each Certificate of Insurance for all liability policies. This can be provided in the caption or in the comments section of the certificate.

• Each certificate of insurance required, and each endorsement, must be signed by a licensed registered agent. In the event of self-insurance, by an authorized signatory.

• In the event of any material alteration or cancellation of any insurance coverage, thirty (30) days written notice shall be given to the Niagara County Director of Risk Management, 111 Main Street, Lockport, NY 14094.

• Insurance carriers should be admitted in the State of New York, unless an exception is approved by Niagara County.

• The Certificate of Insurance shall be submitted to the Niagara County Office of Risk Management for compliance review, approval and retention at least thirty (30) days prior to the start of work.

SPECIFIC INSURANCE REQUIREMENTS: The following are the minimum insurance types, documentation and limits acceptable to the County of Niagara:

INSURANCE COVERAGES, DOCUMENTS AND MINIMUM LIMITS

for

Contracted Services

Coverage and Documents Limits

A. General Liability (GL) $1,000,000 Each Occurrence $2,000,000 General Aggregate

B. Auto Liability $1,000,000 Combined Single Limit

C. Excess/Umbrella Liability $5,000,000 Each Occurrence $5,000,000 General Aggregate

D. Workers’ Compensation and Statutory Limits Employers Liability

CE-200, C-105.2, or SI-12

E. Disability Benefits Statutory Limits

CE-200, DB-120.1,

DB-820/829 or DB-155

SPECIFICATIONS

INTENT

It is the intent of Niagara County to secure the services of a qualified firm capable of inspecting, testing and maintaining portable fire extinguishers as described in the attached documents.

INTRODUCTION

Niagara County intends for this bid to result in the selection of one provider to furnish all inspections, testing, labor, materials, tools, equipment, and supervision for the maintenance and repair of portable fire extinguishers for various locations throughout the County.

The typical portable fire extinguisher inspection and service shall consist of the following tasks described herein, as well as, any and all tasks required in order to conform to all the latest applicable National Fire Protection Association (NFPA), Federal, State, Occupational Safety and Health Administration (OSHA) and Local Authority having jurisdiction standards, regulations, codes and requirements.

I. SCOPE OF SERVICES

General Requirements

1. The Awarded Contractor shall provide all labor, materials, equipment, supplies and supervision necessary to perform preventive maintenance, repairs, testing and recharging of all types of portable fire extinguishers in accordance with the NFPA Standard 10.

2. The Contractor shall have the capability to perform all aspects of the work described in these specifications at the Contractor’s place of business or at any designated county location.

3. Annual and semi-annual inspections, testing, maintenance and repairs shall be performed during normal County business hours, which are 8:00A.M. to 4:00P.M., Monday through Friday, unless authorized by designated County of Niagara representatives.

3.1 A work schedule shall be submitted for approval prior to start of work to:

Department Contact:

Jeffrey Gaston, Deputy Commissioner Niagara County DPW Buildings & Grounds/Parks jeffrey.gaston@niagaracounty.gov

(716) 439-7257

4. All units in all designated County locations (see Detailed Requirements, Section 6 - Locations) must have a valid inspection ticket. It is the goal of the County to have inspections of all units to be completed by October 31st of each year.

5. The Awarded Contractor shall be required to travel to various sites throughout the County to perform the required inspections or maintenance and tag accordingly.

6. The Awarded Contractor shall service and tag each fire extinguisher currently at its location and pull it out for periodic maintenance if needed and/or relocate the extinguisher for proper placement.

mailto:jeffrey.gaston@niagaracounty.gov

7. The base cost for inspection shall include all costs for inspection, reporting and travel. Locations and number of units is approximate and may change throughout the contract period.

Detailed Requirements

1. The Awarded Contractor is required to keep current with all Federal, State, and/or Local governments or its agencies having jurisdiction over work site or subject matter.

2. At no additional cost, the Awarded Contractor shall supply temporary replacement extinguishers for all units that need to be removed from any County facility for testing or repair. The temporary replacement units shall remain in place at the facility until the Contractor returns all tested and approved equipment back to its original location. Fire extinguishers taken off premises for repair or service must be returned to the department within five (5) working days.

3. The Contractor shall perform only those services requested by the designated representative of the department.

3.1 The awarded vendor shall provide inspection, testing, maintenance, repair, and recharging of all fire extinguishers, in accordance with The Standard for Portable Fire Extinguishers NFPA, published by the National Fire Protection Association (NFPA). Unless otherwise designated, the latest edition or, where applicable, the edition as adopted by the local authority having jurisdiction shall apply.

3.2 Extinguishers shall be disassembled, internally inspected and recharged as required and in accordance with NFPA Standard 10.

3.3 The vendor shall assign a trained technician(s) to provide this service, trained in providing fire extinguisher maintenance, servicing, testing and recharging. This technician(s) shall have the appropriate servicing manuals, proper type of tools, recharge materials, lubricants, expellant, and manufacturer's recommended replacement parts.

3.4 All known deficiencies affecting extinguishing efficiency at any location shall be identified and reported in writing to the County authorized representative at the location of work being performed.

4 PRICING

4.1. Prices shall include travel required to and from respective building sites. Vendor's pricing, per unit, shall include all of the vendor's overhead, including, but not limited to, trip related charges and mileage. Only the cost of the inspection, testing, maintenance, repair, recharging and parts will be paid under this bid. Labor rate is for the repair of extinguishers not outlined in the specifications.

5. INVENTORY DATA

5.1. At the request of the County, the successful Contractor shall be required to provide a listing of all fire equipment, equipment type, location and last service date. The successful bidder will be required to develop and provide a list of extinguisher types at each location and provide a unique identifier for each device and corresponding location.

6. LOCATIONS

6.1 Fire extinguishers are located at various locations throughout the County of Niagara.

6.2 The following is a list of general descriptions and the number (quantities listed are only estimates) and location of portable fire extinguishers presently used by the County. Over the term of the agreement, the list of Niagara County locations and or equipment may change, be added to or decrease due to the County’s needs.

Niagara County Portable Fire Extinguisher Locations

Line Location Building Name Type

ABC

Type

CO2

Type

PW

Type Halotron

Type

FE-

Approx.

# of

Units Lockport 520 1 175 Hawley Street Courthouse 29 2 1 32 2 139 Niagara Street Civil Defense Building 7 7 3 169 Niagara Street White house & garage 7 7 4 59 Park Avenue Philo J Brooks Building 5 1 2 8 5 111 Main Street Golden Triangle Building 16 16 6 20 East Avenue Social Services Building 10 10 7 5574 Niagara Street Ext.