4598-24 TRASH CAN LINERS.pdf

CITY SCHOOL DISTRICT OF NEW ROCHELLE

515 NORTH AVENUE

NEW ROCHELLE, NY 10801

BID # 4598-24 TRASH CAN LINERS

Table of Contents

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

BIDDING PROCEDURE AND REQUIREMENTS

QUALIFICATIONS OF BIDDERS

INTERPRETATION OF BIDDING DOCUMENTS

CONTRACT AWARD

METHOD OF AWARD

EQUAL EMPLOYMENT

SPECIFICATIONS

TECHNICAL SPECIFICATIONS

INSURANCE

VENDOR INFORMATION FORM

BID FORM

FORM OF DISCLOSURE

NON-COLLUSIVE FORM

HOLD HARMLESS AGREEMENT

IRAN DIVESTMENT ACT OF 2012 CERTIFICATION FORM

THIS FORM MUST BE SIGNED AND NOTARIZED

SEXUAL HARASSMENT WRITTEN POLICY & TRAINING CERTIFICATION FORM

THIS FORM MUST BE SIGNED AND NOTARIZED

(SAM) CERTIFICATION FORM

REFERENCES

NYSDOL CERTIFICATION FORM

THIS FORM MUST BE SIGNED AND NOTARIZED

NON-BIDDERS RESPONSE

CONTRACTURAL SERVICES AGREEMENT

BOARD OF EDUCATION

CITY SCHOOL DISTRICT OF NEW ROCHELLE

NOTICE TO BIDDERS

In accordance with Section 103 of Article 5-A of the General Municipal Law, public notice is hereby given that sealed bids/proposals will be received in the City School District of New Rochelle, New York, Purchasing Department in the Administration Building, 515 North Avenue, New Rochelle, New York (“School District):

FOR: TRASH CAN LINERS

DUE DATE: APRIL 28, 2025

TIME: 02:00PM

At the above stated time and place all bids will be publicly opened. At the bid opening, for multi year bids only bidder’s names and the first year of the bid will be read. Subsequent years of the bid will not be read but will be available when the bid summary sheet is prepared. Specifications and bid forms may be obtained from the same office or by visiting http://www.bidnetdirect.com/

In the event that the City School District of New Rochelle Purchasing Department is closed the day of the Bid Opening, the bid(s) will be opened at the same time, on the next day that the City School District of New Rochelle Purchasing Department is open. All bids received after the date and time stated in the Notice to Bidders will not be considered.

The bidder assumes the risk of any delay in the mail or delivery service, or in the handling of the mail by employees of the District, other than those authorized to receive bids. The District is not responsible for bids opened prior to the date and time of the opening if the identifying information does not appear on the envelope. Bids opened prior to the time and date of the opening is invalid.

The District, reserves the right to accept each bid by individual item, by category, by groups of items or as a whole, or in its discretion, to reject all bids and re-advertise and rebid.

The District also reserves the right to waive any informality in the bid process if determined to be in the best interest of the District. Bids opened and read shall remain irrevocable for the contract period. The award of contracts, if at all, shall be made as soon as practicable after the bid opening.

Any quantities, if shown, are estimates and not guaranteed.

BOARD OF EDUCATION

Meilisa Arlt Purchasing Agent Dated: April 9, 2025

INSTRUCTIONS TO BIDDERS

1. Carefully inspect all general and special provisions of the Bid Documents.

2. Complete all forms. Be sure to sign in all required places. It is the bidder’s responsibility to copy all documents that are to be returned with the bid.

3. All materials submitted to the School District pursuant to this bid shall become the property of the School District and will not be returned to the bidder. The bidder is responsible for making its own copies of any or all parts of the Bid Documents for its files. After a contract is awarded or one or more bids are rejected, bids may be made available upon request pursuant to the Freedom of Information Law (“FOIL”) for public inspection, except to the extent that certain personally identifiable information may be redacted as an invasion of personal privacy or the bidder has designated, and the School District concurs that certain information constitutes a trade secret or other proprietary information or data. If a bidder believes that a portion of its bid contains trade secrets or other proprietary data that should remain confidential and not be disclosed, a statement advising the School District of this fact shall accompany the bid and the information is to be identified wherever it appears. Identifying an entire bid as proprietary is unacceptable and will result in no part of the bid being treated as containing a trade secret or other proprietary information or data.

4. Bids must be presented in a sealed, opaque envelope(s) addressed as follows:

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

6. Bids will be received until 02:00P.M. on MONDAY, APRIL 28, 2025, at the City School District of New Rochelle, NY 10801. All bids will be publicly opened at the above-stated time at the School District’s Purchasing Department.

7. The bidder to whom a contract is awarded must comply with all New York State Labor Laws, including compliance with the current prevailing wage rates. All invoices must be accompanied by certified payroll in order for payments to be processed.

8. Performance and Payment Bonds as stipulated in Item #38 of Specifications are waived for the contract intended to be awarded.

ATTN: MEILISA ARLT, PURCHASING AGENT

BID NO# 4598-24 TRASH CAN LINERS

BIDDING PROCEDURE AND REQUIREMENTS

1. The date and time of bid opening will be given in the Notice to Bidders and Instruction to Bidders.

2. Bidders shall be responsible for visiting the respective sites to fully familiarize themselves with the scope of work required under the Contract(s) intended to be awarded.

3. All bids must be submitted on and in accordance with the forms included in the Bid

Documents.

4. Where so indicated by the makeup of the Bid Form(s), sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words will govern.

5. A bidder shall not make any stipulations on the Bid Form(s) or qualify its Bid in any manner.

No bid will be considered which purports to qualify, limit, amend or omit any requirement of the Bidding Documents.

6. A bid shall include the legal name of the bidder(s) and a statement indicating whether the bidder(s) is a sole proprietor, a partnership, a corporation, or any other legal entity, and shall be signed by the person or persons legally authorized to bind the bidder(s) to a contract. A bid by a corporation shall also give the State of Incorporation and have the corporate seal affixed on the signature pages of each Bid Form. A bid submitted by an agent shall have a current Power of Attorney attached certifying the agent’s authority to bind the bidder.

7. Bidders will provide, along with the completed Bid Form(s), evidence demonstrating an ability to provide the requested services, including, if applicable, a list of any and all school districts of a similar size which the bidder(s) has served during the past five (5) years and a summary of their experience over at least five (5) years of successful completion of the services required herein in compliance with the applicable laws, rules and regulations of the State of New York.

8. Bidders will also provide the last three (3) years of audited financial statements.

9. Bidders must include a reference list, setting out the names of all school districts served by it with comparable services, and shall further set out the name and telephone number of each business official or other school district liaison/individual with knowledge of the comparable services provided by the bidder(s).

10. All information required in the Notice to Bidders, Instructions to Bidders, Bidding

Procedures and Requirements, Qualifications of Bidders, Specifications, Technical Specifications and Bid Form(s), in connection with each item against which a bid is submitted, must be provided to constitute a regular bid.

11. No alteration, erasure, or addition is to be made to the typewritten or printed matter. Any deviations from the Instructions to Bidders, Bidding Procedures and Requirements, Qualifications of Bidders, Specifications, or Technical Specifications will constitute sufficient grounds for rejection of a bid.

12. Prices and information required, except signature of bidder, should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written by hand in ink and the full name of the person who provided the signature shall be legibly printed below the signature. Facsimile, printed, or typewritten signatures are not acceptable.

Initials, stamps, photocopies or other copies, or company names may not be used in lieu of any required signature.

13. No charge will be allowed for federal, state, or municipal sales and excise taxes since the

School District is exempt from such tax.

14. All bids received after the time stated in the Notice to Bidders will not be considered and will be returned to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the School District. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his/her bid deposited on time at the place specified.

15. THE BOARD OF EDUCATION RESERVES THE RIGHT TO WAIVE WHAT IT DEEMS TO BE

BIDDING OR SPECIFICATION INFORMALITIES RELATING TO A SPECIFIC BID, TO WAIVE

WHAT IT DEEMS TO BE INFORMALITIES RELATING TO THE BIDDING PROCESS, TO WAIVE

WHAT IT DEEMS TO BE TECHNICAL DEFECTS, IRREGULARITIES AND OMISSIONS RELATING

TO A SPECIFIC BID, TO REQUEST ADDITIONAL INFORMATION FROM ANY BIDDER, TO

REJECT ANY AND ALL BIDS, TO RE-ADVERTISE AND INVITE NEW BIDS, OR TO ACCEPT THE

WHOLE OR A PART OF A BID, OR TO ACCEPT PARTS OF BIDS FROM MORE THAN ONE

BIDDER AS IN THE BOARD’S JUDGMENT, IS IN THE BEST INTEREST OF THE SCHOOL

DISTRICT.

16. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the services, supplies, materials, or equipment required and a representation that the bidder can furnish the services, supplies, materials, or equipment satisfactorily in complete compliance with these Bid Documents, including but not limited to the Bid Form(s), Specifications and Technical Specifications.

17. All bids must be sealed. They must be submitted either in plain opaque envelopes, or in those furnished by the School District. All bids must be addressed as stated in item #4.

Telephone quotations or amendments will not be accepted at any time. All materials submitted with the Bids will become the property of the School District and will not be returned.

18. The Contract(s) to be awarded as a result of this solicitation of bids shall have a term of JULY 1 2025, through JUNE 30, 2026.

19. Bidders shall submit their bids on the provided Bid Form(s). Bidder’s prices shall include all costs associated with the work to be performed. Such costs shall include the necessary labor, equipment, materials, transportation and tools and/or utensils to complete the work as required by the School District.

20. Each bidder awarded a Contract shall be responsible for complying with all laws, rules, regulations, codes and/or ordinances that apply to the services to be rendered or the materials to be supplied.

21. Any bidder awarded a Contract as a result of this solicitation of bids must comply with the prevailing wage rates that are applicable to the labor and services to be provided. All wages and supplements paid to laborers performing any work of a Contract awarded as a result of this solicitation for bids shall be in accordance with the New York State Department of Labor Prevailing Wage Schedule, specifically “General Construction Rates” for Westchester County, Prevailing Wage Schedule # n/a. Prevailing Wage Rates are subject to change annually on July 1st. Any bidder awarded a Contract is responsible to meet the wages as posted by NYSDOL July 1st every year.

22. The City School District of New Rochelle shall have the unilateral option of extending or renewing the Contract(s) awarded as a result of this solicitation of bids for two (2) consecutive additional periods of twelve (12) months, each upon the same terms and conditions as are contained in these Bid Documents. The School District each year will consider, upon request, an inflationary increase not to exceed the Consumer Price Index for December from the New York, Northeastern New Jersey area based upon index for all urban consumers (C.P.1-U). Said options shall be deemed to have been exercised upon formal written notification prior to the expiration of any Contract awarded as a result of this solicitation for bids. If the City School District of New Rochelle exercises the option for the first additional twelve (12) month period, the Contract as renewed shall be deemed to include the option provision for the second additional twelve (12) month period. However, the total duration of the awarded Contract, including any option(s) under this clause, shall not exceed thirty-six (36) months.

23. Each bid will be received with the understanding that its acceptance, in writing, by the School District, approved by the Board of Education, to furnish any or all of the items described shall constitute a contract between the accepted bidder and the School District that incorporates all the terms and requirements of the Bid Documents (including but not limited to the Instructions to Bidders, Bidding Procedures and Requirements, Qualifications of Bidders, Specifications, and Technical Specifications) and the accepted portion of the bidder’s bid. The Contract shall bind the accepted bidder to furnish the labor and material required at the prices set forth in the accepted portion of its bid.

24. The placing in the mail of a notice of award to an accepted bidder, to the address given in the bid, will be considered sufficient notice of award of a Contract.

25. It is mutually understood and agreed that any bidder awarded a Contract shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract or its right, title, or interest herein, or its power to execute such Contract, or any part thereof to any person, company, or corporation, without the prior written consent of the School District.

26. These Bid Documents (including but not limited to the Instructions to Bidders, Bidding Procedures and Requirements, Qualifications of Bidders, Specifications, and Technical Specifications) any Addenda issued by the School District, and the accepted portion of the submitted bid shall form a part of the awarded Contract(s) and the provisions thereof shall be binding upon the School District and the accepted bidder(s). The term “Contract Documents” shall include all of the aforesaid together with the Contract itself.

27. Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted in it and the Contract shall be read and enforced as though it were included herein, and if through a mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion.

28. It is understood that the Contract in no way excludes the School District from using its own forces, or services provided by other school districts or BOCES, or in any way limits the School District from using other contractors in performing similar or other services.

29. IRAN DIVESTMENT ACT

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, the bidder certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerors Pursuant to The New York State Iran Divestment Act of 2013” list (“Prohibited Entities List”) posted on the OGS website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize for any awarded Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, each bidder is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the awarded Contract is renewed or extended.

During the term of the awarded Contract, should City School District of New Rochelle receive information that the bidder is in violation of the above-referenced certifications, City School District of New Rochelle will review such information and offer the bidder an opportunity to respond. If the bidder fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then City School District of New Rochelle shall take such action as may be appropriate and provided for by law or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the bidder(s) awarded a Contract in default.

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

The attached Iran Divestment Act of 2012 Certification Form must be signed, notarized, and returned by each bidder with its bid.

30. BID PROTEST PROCEDURES

A. Right to Protest Any actual or prospective bidder whose direct economic interest would be affected by the award of a contract or by the failure to award a contract by the School District may submit a written protest to the Assistant Superintendent for Business in accordance with the procedures set forth herein, except no protests will be considered challenging emergency procurements.

B. Submission of Protest

1. A protesting party may submit a written protest to the Assistant Superintendent of Business, setting forth the basis on which the protesting party challenges the solicitation of bids or the School District’s award or failure to award a contract based upon a solicitation of bids.

2. The written protest must include the following:

a. name, address, e-mail address, fax and telephone numbers of the protesting party or its designated agent;

b. bid, solicitation, or contract number;

c. detailed statement of the legal and factual grounds for the protest, including a description of the resulting prejudice to the protesting party;

d. copies of all documents relevant to the grounds for the protest;

e. statement of the relief requested;

f. information establishing that the protesting party is an actual or prospective bidder whose direct economic interest would be affected by the award of a contract or by the failure to award a contract by the School District; and

g. information establishing that the protest is timely filed in accordance with these procedures.

3. Bid protests must be received by the Assistant Superintendent for Business within ten (10) business days after the issuance of a contract award, except:

any protest concerning the terms and conditions of the solicitation (or other matters that would be apparent to a protesting party prior to the date set in the solicitation for the receipt of bids) must be filed on or before the date set in the solicitation for the receipt of bids or proposals. An untimely protest will not be considered and will be returned to the protesting party.

4. During the resolution of a pending protest, if the facts presented so warrant, the Assistant Superintendent for Business may, at his/her discretion, suspend the procurement, until the protest is resolved.

5. If a contract has been awarded prior to the receipt of a protest, the Assistant Superintendent for Business will provide a copy of the protest to the successful bidder(s).

6. The successful bidder(s) may, but is not required to, file an answer to the protest with the School District. Any answer by the successful bidder(s) must be filed with the Assistant Superintendent for Business no later than ten (10) business days after the successful bidder(s)’s receipt of the protest.

C. Review of Protest and Determination

1. Upon receipt of the protest, the Assistant Superintendent for Business shall review the protest, supporting documents, and any other documents from any other source relating to the allegations in the protest, including an answer by the successful bidder(s), if any, and issue a written determination within forty five

(45) business days after receipt of the protest, where feasible. The Assistant Superintendent for Business may take any action or make any requests he or she deems necessary in order to investigate the protest, including but not limited to convening a hearing, conducting interviews, requesting written or oral submissions from the protesting party or successful bidder(s) (if any), request the submission of material samples, and extending the time to issue a decision in order to obtain all pertinent information.

2. A copy of the written determination, stating the reason(s) upon which it is based and the right to appeal the determination to the Board of Education shall be sent by regular mail to the protesting party or its agent and to the successful bidder(s), if any.

D. Appeals of Protest Determinations

1. The written determination rendered by the Assistant Superintendent for Business shall be the conclusive and final determination of the protest, unless, within ten

(10) business days after receipt of the written determination, the protesting party or the successful bidder(s), where applicable, appeals the determination to the Board of Education. For purposes of such an appeal, the protesting party and the successful bidder(s), where applicable, will be deemed to have received the determination rendered by the Assistant Superintendent of Business no later than four (4) business days after it is sent to the protesting party and successful bidder(s), if any. The appeal must be in writing and received by the Board of Education within ten (10) business days after the appealing party’s receipt of the written determination rendered by the Assistant Superintendent for Business.

2. The Board of Education will consider all information relevant to the protest, and may, at its discretion, suspend, modify, or cancel the disputed procurement action prior to issuance of a formal decision on the appeal.

3. No evidence or information may be introduced or relied upon in the appeal that has not been presented to the Assistant Superintendent for Business. The Board of Education shall review the appeal and supportive documents and issue a written decision within fifteen (15) business days of receipt of the appeal, if feasible. The Board of Education may take any action or make any requests he or she deems necessary including extending the time to issue a written decision on the appeal.

4. A copy of the written decision rendered by the Board of Education on the appeal stating the reason(s) upon which it is based shall be sent by regular mail to the appealing party or its designated agent and to the successful bidder(s), if any and if not the appealing party.

5. The decision of the Board of Education shall be the School District’s conclusive and final determination of the protest.

QUALIFICATIONS OF BIDDERS

The work and services described in these Bid Documents include the performance of activities directly affecting the health and safety of the students and staff of the School District and the public generally. The School District may make any investigation necessary to determine the ability of the bidder to fulfill the terms of any Contract(s) awarded as a result of this solicitation of bids, and the bidder shall furnish the School District with all such information for this purpose as the School District may request. If, in the opinion of the School District, the bidder is not properly qualified or responsible to perform any obligations of the Contract bid upon, the School District reserves the right to reject its bid.

The following minimum requirements must be met to qualify for bidding:

a) Bidder must possess and demonstrate facilities, knowledge, and capabilities to satisfy all requirements of the Bid Documents.

b) Bidders shall be knowledgeable and qualified to provide a wide range of service and/or repairs to the School District’s equipment and/or facilities. Proof of said qualifications and specific training shall be furnished to the School District together with the bid.

Employees who possess specialized training, skill, or experience with the equipment on site shall be clearly noted with the bid.

c) Each bidder must demonstrate that it is a responsible service and maintenance organization possessing adequate financial resources to accomplish the various services as described herein and that it has a satisfactory record of performance and integrity.

d) Bidders shall be able to demonstrate at least (5) five years of continuous commercial service or maintenance work. References shall be provided as set forth herein. The School District reserves the right to request additional documentation or information from the bidders as a means of determining qualifications and/or responsibility.

e) Bidder must include a reference list, setting out the names of all school districts served by it with comparable services, and shall further set out the name and telephone number of each business official or other school district liaison/ individual who has knowledge of the services performed by the bidder.

f) Bidder must submit a list of names and addresses of any person or entity owning 10% or more of the company. Should any person or entity listed have ownership of another company, such information shall be disclosed. If bidder is a publicly traded corporation, the latest annual report listing all officers shall be provided.

g) Bidder must be responsible, as demonstrated by:

a. A lack of pending lawsuits or substantive outstanding judgments or liens, including Federal or State tax liens.

b. No denials of performance bonds within the last seven years.

c. A satisfactory credit history as evidenced by a review that may be made by the

School District.

d. Work performance on other projects.

e. Such other information as the Board of Education, in its sole discretion, determines is relevant to the responsibility of the bidder.

h) Upon investigation of any references and information submitted by the bidder, the

Board of Education reserves the right to reject any bid where it is found that the bidder’s qualifications are not consistent with the requirements of these Bid Documents, or the information presented.

i) Bidder must have a safety program that is compliant with OSHA Regulations and Standards. Bidder shall make available for inspection their program and training documents.

j) Bidder must be registered with NYSDOL and submit a Certificate of Registration with their bid materials per New York State Labor Law Section 220-i.

INTERPRETATION OF BIDDING DOCUMENTS

No interpretation of the meaning of the specifications or other Bid Document will be made to any bidder orally. Every request for such interpretation should be made in writing, addressed to Meilisa Arlt, Purchasing Agent, City School District of New Rochelle, New York 10801, not later than five

(5) business days prior to the date fixed for the opening of bids. Notice of any and all interpretations and any supplemental instructions will be issued in the form of addenda to the Bid Documents. All addenda so issued shall be posted to http://www.bidnetdirect.com, and shall become a part of the Contract Documents of any Contract awarded as a result of this solicitation for bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve any bidder from any obligations under his/her bid submitted.

CONTRACT AWARD

The School District will endeavor to make an award within forty-five (45) days of the date of the bid opening and all bids shall remain firm during that time frame. The School District further reserves the right to make award following this period to any bidder who has not provided written notice to the School District that its bid has been withdrawn.

Award will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the labor, materials, equipment, or supplies to be furnished, and the conformity with the Bid Documents (including but not limited to the Instructions to Bidders, Bidding Procedures and Requirements, Qualifications of Bidders, Specifications, and Technical Specifications).

METHOD OF AWARD

The Contract if awarded will be to the lowest responsive/responsible bidder(s) in part or in whole who meet(s) all the terms of the Bid Documents (including but not limited to the Instructions to Bidders, Bidding Procedures and Requirements, Qualifications of Bidders, Specifications, and Technical Specifications). The City School District of New Rochelle guarantees no minimum or maximum purchase or service pursuant to a Contract awarded as a result of this solicitation of bids. Additionally, the City School District of New Rochelle reserves the right to purchase any goods or services included as a part of this bid from any means legally available to it at the time of purchase.

The School District reserves the right to reject all bids; to reject any bid in whole or in part, to accept parts of bids from more than one bidder, to waive technical defects, irregularities, and omissions relating to a specific bid, to waive what it deems to be bidding or specification informalities relating to a specific bid, to waive what it deems to be informalities relating to the bidding process, if in its judgment the best interests of the School District will be served; and to reject all bids and to purchase items on State or County contract as permitted by law if such items can be obtained on the same terms, conditions, specifications, at a lower price.

If two or more bidders submit identical bids as to price, the decision of the Board of Education of City School District of New Rochelle to award a Contract to one such bidder shall be final.

No cash discount may be offered or quoted by any bidder.

To the extent permitted by law, bidders submitting bids acknowledge that, pursuant to New York General Municipal Law Section 103(16), the City School District of New Rochelle intends to allow all political subdivisions in the State of New York to participate in the bid award/contract resulting from this solicitation for bids. These political subdivisions include, but are not limited to local governments (villages, town, etc.), public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. Such political subdivisions shall participate in the bid award/contract by entering into their own separate contracts with the successful bidder(s) that are based upon, incorporate, and honor the terms, conditions, specifications and prices of the bid award(s)/Contract(s) resulting from this solicitation for bids City School District of New Rochelle have no liability or responsibility to pay for any goods or services provided to another political subdivision – each political subdivision is responsible for paying for the goods and services it obtains through the bid award(s)/Contract(s) resulting from this bid.

EQUAL EMPLOYMENT

It is the policy of the City School District of New Rochelle to provide equal employment opportunities to all individuals in its personnel and employment practices. In accordance with NYS and Federal Law, the City School District of New Rochelle prohibits discrimination because of creed, race, color, sex, sexual orientation, national origin, religion, age, marital status, military status, domestic violence victim status, predisposing genetic characteristics or disability in all employment practices including recruitment, solicitation for employment, hiring, firing, training, job assignments, promotion, compensation and other terms, conditions and privileges of employment Further, contractors with the City School District of New Rochelle shall be required to meet equal employment opportunity standards.

New York State strives to promote equality of economic opportunities for minority and women-owned business enterprises. New York State encourages including minority and women-owned business enterprises (“MWBEs”) as bidders, subcontractors and suppliers on public procurement contracts. By submitting a bid, the bidder(s) certifies that if it is awarded a Contract, (a) it will make commercially reasonable good faith efforts to utilize suppliers that are certified MWBEs, (b) to the extent subcontracting is needed and permitted by the School District, bidder will make commercially reasonable good faith efforts to utilize subcontractors, who are certified MWBEs and

(c) bidder will retain documentation of these efforts to be provided upon request to the School District, New York State and/or an agency or department of the United States government.

Evidence of good faith efforts shall include, but not be limited to, the following: (a) copies of solicitations to MWBEs and any responses thereto; (b) explanation of the specific reasons each MWBE that responded to such solicitations was not selected; and (c) explanation of the specific steps undertaken for the purpose of subcontracting with or obtaining supplies from certified MWBEs.

SPECIFICATIONS

1. To provide skilled, experienced, prompt service to a wide variety of projects on an “on- call” basis and/or as required completing the work described herein.

2. Work shall include troubleshooting, repair, replacement, installation, new work and general maintenance of equipment and/or facilities as the case may be.

3. The bidder(s) awarded a Contract must be equipped to provide emergency work within

(2) two hours of the School District’s call for service and to commence non-emergency/new work within twenty-four (24) hours of the School District’s call for service.

4. In the event that the work cannot be performed as per time schedule by the bidder awarded a Contract, the School District may arrange for another entity to perform the work per the schedule and the bidder awarded a Contract will be responsible for payment of any increased cost incurred by the School District.

5. Proof of proper licensure and certification of the bidder as well as, if applicable, each employee who will furnish services pursuant to the Contract intended to be awarded shall be provided to the School District.

6. The bidder(s) awarded a Contract shall comply with all rules and regulations of the School

District and all directives issued by the School District.

7. Smoking will not be permitted anywhere on School grounds.

8. The owners, employees, officers, directors, or approved subcontractors of bidder(s) awarded a Contract shall not have any contact or communication with any student or teacher.

9. Photo identification badges must be worn at all times that the bidder(s) awarded a Contract, its agents or employees are on-site rendering services or performing work.

10. Non-interference with Occupation of the Buildings and Premises:

a. The bidder(s) awarded a Contract must take into consideration the fact that the sessions of the school must be continued as usual during the progress of the work.

The operation of the fire alarm, the interior fire alarm system, gongs, bells, facsimiles, and telephones must not be interfered with.

b. Fixtures or essential parts of material or equipment shall not be removed until permission is given by the School District’s Director of Facilities & Operation and, in the case of replacements, not until the essential replacement material or fixture has been delivered to the applicable building or site.

c. The safety of the pupils and teachers requires that nothing shall be done to in any way block the streets in or about the exits, or the exits themselves. Neither shall there be any unauthorized interference with the free and unobstructed use of the hallways, stairways, toilets, and rooms. When necessary for mechanics to work in any portion of the premises normally occupied by the school, application must be made, before entering therein, to the School District’s Director of Facilities & Operations who will arrange a working agreement with the principal of the school so that the work may be carried forward in a manner to interfere as little as possible with the school session.

d. Whenever work is carried on during school sessions, not more than one stairway shall be closed off from free and safe use of the pupils at any time, and this only after the written permission of the School District’s Director of Facilities & Operations has been obtained. No part of the building or premises shall be closed to the use of the occupants without the permission of the School District’s Director of Facilities & Operations. When such permission has been given, the bidder(s) awarded a Contract shall provide and erect temporary partitions, barriers, etc., where required to ensure absolute safety of the occupants of the building or premises.

11. Under the Contract intended to be awarded as a result of this solicitation, subcontracting shall not be permitted without prior written approval by the School District.

12. Bidder and its employees shall have tools and equipment necessary to perform the required work.

13. All labor shall be performed by skilled workmen and the bidder(s) awarded a Contract shall not employ men or means which may cause stoppage or delay in the work under the awarded Contract or that of any other contractor or any work in or about the premises of these buildings or any buildings or premises under the control of the Board of Education of the City School District of New Rochelle

Each time a bidder awarded a Contract or its employees or its approved subcontractors performs any work in the School District he shall report his arrival and departure and what service he is performing to the custodian in charge.

The bidder(s) awarded a Contract shall submit to the Facilities & Operations Department a full report of the service call which shall include:

a. Date and time;

b. Name of person performing work;

c. On-job service time;

d. Description of work, including all parts replaced or repaired

14. When repairing and replacing any systems or parts for the equipment in place at the School District’s facilities or when undertaking any new installation, the bidder(s) awarded a Contract shall use the most current materials manufactured. Obsolete or out of date materials shall not be allowed under any circumstances.

15. Necessary parts and materials shall be included in costs stated in the Bid Form(s). If requested by the School District, the bidder(s) awarded a Contract will attach to each of its invoices a receipt and/or purchase order for the materials/parts purchased and installed by the bidder. All parts shall be new and shall be equal to or better than the original equipment/material. Rebuilt parts may be used only with prior written approval of the School District. Any merchandise provided under the awarded Contract which is or becomes defective during the guarantee period shall be replaced by the bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The bidder(s) awarded a Contract shall make any such replacement immediately upon receiving notice from the School District.

16. The School District reserves the right to furnish parts and materials if it deems it to be in its best interest.

17. The bidder(s) awarded a Contract shall maintain an adequate inventory of new, original manufacturer’s parts and materials so as to ensure prompt repairs or installations on short notice.

The bidder(s) awarded a Contract shall furnish the source and amount of such inventory.

18. Delivery must be made in accordance with these specifications. The decision of the School District as to reasonable compliance with delivery terms shall be final.

19. The School District will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency repair or installation.

20. Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers according to accepted commercial practice, without extra charge for packing cases, baling, or sacks.

21. The bidder(s) awarded a Contract shall be responsible for delivery of items in good condition at the point of destination. The bidder(s) awarded a Contract shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The School District will note for the benefit of such bidder(s) when packages are not received in good conditions.

22. Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions or the agent for the School District.

23. Unloading and placing the equipment inside the building is the responsibility of the bidder(s) awarded a Contract, and the School District accepts no responsibility for unloading and placing equipment. Any costs incurred due to the failure of the bidder(s) to comply with this requirement will be charged to it. No help for unloading will be provided by the School District, and bidders should notify their suppliers and truckers accordingly.

24. The bidder(s) awarded a Contract shall not unreasonably encumber the site with materials or equipment during the performance of its work. Only materials and equipment which are to be used directly in the performance of the bidder’s work shall be brought to and/or stored on the premises of the School District. After equipment is no longer required for its work, the bidder shall promptly remove such equipment from the premises of the School District. The bidder(s) awarded a Contract shall be solely responsible for the protection of materials and equipment stored on the premises from weather, theft, damage, and all other adversity. The bidder(s) awarded a Contract shall at all times provide the proper housekeeping to minimize potential fire hazards and shall provide approved spark arresters on all steam engines, internal combustion engines and flues. The bidder(s) awarded a Contract shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by the performance of all of the Work being performed on-site and in the buildings. At the conclusion of the work, such bidder shall restore the premises to its original condition. This restoration shall include but not be limited to: cleaning the areas in which work was performed; removal of all waste, materials, rubbish, tools, equipment, machinery and surplus materials. If clean-up is not performed in accordance herewith, the School District may engage the services of a cleaning company each time the requirement is not met without further notification to the bidder(s) awarded a Contract. The cost of such cleaning company, together with the cost of any custodial costs of the School District, will be charged to such bidder.

25. All deliveries shall be accompanied by delivery tickets or packing slips. Such delivery tickets or packing slips shall contain the following information for each item delivered:

Purchase Order Number Name of Article Quantity Name of bidder(s) awarded a Contract

26. Cartons shall be labeled with purchase order number, name of bidder(s) awarded a Contract and general statement of contents. Failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods.

27. No travel time will be paid. Travel time shall not be included in the prices bid. Payments will be made only for time on the job. All invoices must be accomplished by submission of detailed daily service tickets specifying time of arrival and departure and services rendered. The ticket shall be signed by an authorized representative of the School District. A copy of this ticket will be left with the signer. This service ticket shall be the basis for payment. Certified payroll records also must accompany any invoice submitted.

28. The School District will issue work orders directly to the bidder(s) awarded a Contract through our online Computerized Maintenance Management system. The bidder(s) awarded a Contract will be notified by the online system that they have a work order pending and it will be their responsibility to access and monitor the system for the work order(s) assigned to them. The bidder(s) awarded a Contract is to enter labor hours/costs and material costs associated with performing the requested service and change the work order status from “Work in Progress” to “Complete” once the work is completed. A copy of the completed work order form MUST accompany invoice.

29. Invoices must be submitted within 30 days of service. Payment will be made only after correct presentation of claim forms and/or invoices with required supporting documentation.

They should include:

Invoice must reference purchase order # Breakdown of labor, unit costs and material costs, as awarded. All bidder(s) awarded a Contract are requested to pro-rate the awarded labor rates for purposes of billing ¼ and ½ hour increments where needed. The hours of the authorized work ticket must match those invoiced.

Copy of vendor generated service ticket signed by School District employee for related invoice

Certified payroll Supporting documentation for parts, etc.

29. Payments of any claim shall not preclude the School District from making a claim for adjustment on any item found not to have been in accordance with the Bid Documents, including but not limited to these Specifications and the Technical Specifications.

30. No vehicle use will be paid in the normal course of transporting mechanics and materials to the job site. Bidders may submit a quotation for use of special vehicles. Bidder(s) awarded a Contract must obtain prior written approval from the School District for payment of special vehicle use.

31. The bidder(s) awarded a Contract shall pay its employees “prevailing rate of wage” as defined in Section 220 of the New York Labor Law, Schedule of Wage Rates. Prevailing wage rates are subject to change annually on July 1st. Bidder(s) awarded a Contract is responsible to meet the wages as posted by NYSDOL July 1st every year.

32. The bidder(s) awarded a Contract is to comply with all Federal, State and Local regulations relating to certification and licensure, labor, such as minimum hour wage, working conditions, insurance, and safety factors in cases where installation of equipment is involved.

33. In accordance with Section 220-e of the Labor Law of the State of New York, it is agreed that:

a. In the hiring of employees for the performance of the awarded contract(s) or any subcontractor hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor shall by reason of race, creed, color, disability, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under the awarded contract(s) on account of race, color, creed, disability, sex or national origin.

a. There may be deducted from the amount payable to the bidder(s) awarded a Contract 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.

b. The awarded Contract(s) may be cancelled or terminated by the Board of Education and all monies due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section.

c. The aforesaid provisions of this section shall be limited to operations performed within the territorial limits of the State of New York.

34. The bidder(s) awarded a Contract shall comply with all of the provisions of the Immigration Reform and Control Act of 1986 and regulations promulgated pursuant thereto and shall require its subcontractors to comply with same. The bidder(s) awarded a Contract shall and does hereby agree to fully indemnify, protect, defend, and hold harmless the School District, its Board of Education, officers, agents, and employees from and against any penalties, fees, costs, liabilities, suits, claims, or expenses of any kind or nature, including reasonable attorney’s fees, arising out of or resulting from any violation or alleged violation of the provisions of said laws in connection with the work performed hereunder.

35. Bidders shall be licensed by the County of Westchester and local municipalities, where required.

36. All work must be performed and installed in accordance with the current edition of all applicable laws, rules, regulations and/or local codes.

37. The School District reserves the right to assign its personnel to assist the mechanics of the bidder(s) awarded a Contract if the School District deems such assistance to be in its best interest.

38. The bidder(s) awarded a Contract shall furnish performance and labor and material payment bonds equal to 100% of the awarded Contract to guarantee the faithful performance of such Contract. If this is a time and material bid, please see the Technical Specifications for how to determine the amount of the awarded Contract for purposes of the performance and labor and material payment bonds. Such bonds shall be maintained in full force and effect until at least two

(2) years after the awarded Contract has been fully…