B23034 Elevator Maintenance.pdf

2/15/2024

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN, that the County of Ontario (the “County”), will receive sealed bids for

Maintenance of All County/College Owned Elevators (B24034). Such sealed bids must be filed with the Ontario

County Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424, PRIOR TO 3:00 PM prevailing time, March 7, 2024 at which time said bids will be publicly opened and read via Webex meeting.

Meeting Link:

https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=m448bbc5ddf1e48e389ac836a3167d23a

Meeting Number: 2347 948 3880

Password: B24034

There will be a prebid meeting held on February 29, 2024 at 10:30 AM. Said meeting will be held at the

Purchasing Department 20 Ontario Street, Canandaigua, New York. All interested parties are strongly urged to attend.

Access to all elevators will be available via appointment after the prebid meeting.

Bid forms and specifications may be obtained at the office of the County Purchasing Director at the above mentioned address, the Ontario County Website ( www.ontariocountyny.gov/purchasing ), or the Empire

State Purchasing Group (https://www.bidnetdirect.com/new-york ) (Telephone: 585-396-4442). Vendors requesting arrangements other than U.S. Mail shall be responsible for making such arrangements and all associated costs.

The County reserves the right to renew any contract(s) awarded as a result of this bid for up to two additional, (12) twelve-month periods by annual resolution by the County Board of Supervisors and in accordance with the Bid

Specifications and New York State General Municipal Law (“GML”) Sections 103 and 104-b.

NOTE: The County shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the County Purchasing Department.

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 County Purchasing Department.

It is HIGHLY suggested that all vendors interested in participating in this bid, contact the 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.

The County does not offer or supply anyone the list of people that have obtained a copy of these bid specifications or cost estimates for the project prior to the opening of the bid. NO EXCEPTIONS ARE

MADE TO THIS POLICY.

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

COUNTY OF ONTARIO

Stacy L. Schmitt

Buyer

Ontario County Purchasing

PROPERTY OF THE COUNTY. Reproduction of this document and its attachments in any manner, including electronically, is prohibited without the express written permission of the County Purchasing

Department.

https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=m448bbc5ddf1e48e389ac836a3167d23a http://www.ontariocountyny.gov/purchasing https://www.bidnetdirect.com/new-york

INSTRUCTIONS TO BIDDERS

1) Read all documents contained in the Bid Specifications.

2) Vendors are responsible for submitting their bids to the exact location indicated on the Notice To

Bidders prior to the time indicated in the Notice To Bidders. No bids will be accepted after the designated time indicated in the Notice To Bidders. NOTE: This includes any changes listed on the latest addendum issued by the County of Ontario (the “County”) Purchasing Department, if any. Delay in mail delivery is not an exception to the deadline for receipt of bids.

3) Bidders are responsible for reporting, in writing, any errors found in the Bid Specifications to the

County Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424.

4) Questions about or clarifications to the Bid Specifications must be made in writing to the County

Purchasing Director prior to the bid opening via regular mail, e-mail

(Purchasing@ontariocountyny.gov ), or fax (585-396-4250). Such questions must be in the possession of the County Purchasing Director three working days prior to the bid opening unless otherwise indicated. Please indicate the bid number on your request. Verbal questions may not be entertained.

5) Bidders shall indicate on the outside of their sealed bid the following information:

1. Title of Bid and Bid Number

2. Date and Time of Bid Opening

3. Company Name

Vendors submitting “Alternate” pricing, products or services, must do so as a separate bid package to be considered for award. Each bid must be submitted under separate cover and will be considered on its own merits.

6) The only forms necessary to be submitted as a bid are the following:

1. Bid Form, filled out completely. See General Information.

2. Individual, Corporate, Partnership or LLC Acknowledgment.

3. Non-Collusion Affidavit, signed and dated.

4. Bidder’s Statement on Sexual Harassment, signed and notarized.

5. Insurance certificates. See Schedule B Insurance Requirements.

6. Copy of Literature for all items offered (if applicable).

7. IRS W-9 Form. See General Information

8. Any other information as noted in the bid documents.

7) All vendors submitting a bid shall be supplied with a copy of the pricing tabulation sheet and the information regarding any resulting resolutions as soon as they become available after the bid opening.

8) Under no circumstances is it necessary to return the Bid Specifications with the bid. They should be retained by the bidder for his/her records, or returned at a later date as a part of a request for the return of a bid deposit.

Failure to submit any of the above data may result in the rejection of the bid as non-responsive.

Furthermore, the County reserves the right to require the vendor to supply any additional information it deems necessary to determine the successful responsive/responsible vendor and further to wave any minor informalities it deems in its best interest.

mailto:Purchasing@ontariocountyny.gov

GENERAL INFORMATION

METHOD OF AWARD:

A contract, if awarded, will be to the lowest responsive/responsible bidder(s) in part or in whole who meet(s) all the terms of the Bid Specifications. The County guarantees no minimum or maximum purchases as a result of award of this bid. Additionally, the County reserves the right to purchase any goods or services included as a part of this bid through any means legally available to it at any time. The County reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New

York (“GML”), to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to GML Sections 100 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between the County and the vendor.

RESPONSIBILITY OF CONTRACTOR:

The contractor shall be responsible for all labor, material, tools, supervision and transportation to complete each project. The contractor shall adhere to all applicable local, state, and federal regulations in effect at the time the work is done. The contractor shall be responsible for applying for, receiving, and paying for all necessary permits for all projects. No project shall be deemed complete until all representative from the ordering department or entity has inspected and approve the work. The contract shall remove all debris and clean-up the job site prior to the final inspection or as directed by the ordering department. The contractor shall maintain all required insurance coverage during the life of the contract. It is the responsibility of the contractor awarded a contract as a result of this bid to pay all employees engaged in any work with the County in accordance with the Prevailing Wage Laws of the State of New York.

GUARANTEE:

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

SAMPLES:

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

AWARD OF BID:

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

FINANCING OF MATERIAL OR EQUIPMENT PURCHASES:

When any bid includes the lease and/or purchase of goods, material and/or equipment, the vendor shall submit a price on the bid form supplied by the County. The price offered shall include all delivery, finance and any other charges that may be associated with said purchases or lease. The County shall only deal with the vendors actually submitting the bid AND supplying the goods, material, service or equipment described in the Bid

Specifications. Any financial or other arrangements made between the vendor and any other party as a part of this bid are strictly between those parties and the County shall not be included or be required to participate in them in any way. Furthermore, the County shall only make payments directly to the vendor awarded a contract as a result of that vendor submitting a valid bid, being deemed the successful vendor, awarded a contract and issued a purchase order. The County shall not make partial or prepayments of any kind unless stipulated in the

Bid Specifications by the County.

PAYMENTS:

Payments to all vendors will be made within thirty (30) calendar days of receipt of an approved and accepted invoice by the County. If the contract is for equipment, the County will pay the vendor awarded the contract within thirty (30) calendar days of receipt and acceptance of the equipment as fully functional and operational including training of County staff by the vendor in the operation and maintenance of the equipment and upon receipt and approval of a correct invoice from the vendor. Prior to any vendor receiving payment, the County requires that all vendors have a current completed IRS form W-9 on file with the County Finance Department.

The County may, at its option, audit such books and records of the vendor as are reasonably pertinent to a contract awarded as a result of this bid to substantiate the basis for payment and compliance with the terms of the contract resulting from this bid.

TERM OF CONTRACT:

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

PRICE ADJUSTMENTS:

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

Adjustments” for County initiated price adjustments)

FUEL SURCHARGES:

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

TAX ON MATERIALS:

In regard to any taxes applicable to a contract resulting from this bid, please acquire a copy of form ST-

120.1 from the NYS Department of Taxation and Finance and follow accordingly.

COMPLIANCE:

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

PROGRESS:

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

INDEPENDENCE:

The vendor expressly understands and agrees that it is and shall in all respects be considered an independent vendor. The vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the vendor in the performance of a contract resulting from this bid, are not and shall not hold themselves out nor claim to be an officer or employee of the County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social Security or retirement plan membership or credit.

NON-DISCRIMINATION:

The vendor expressly agrees that:

(a) in the hiring of employees for the performance of a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf, shall discriminate against any person on the basis of any characteristic or classification protected under New York State or federal anti-discrimination laws, who is otherwise qualified and available to perform the work to which the employment relates; and

(b) neither the vendor, any subcontractor, nor any person acting on behalf of such vendor or subcontractor shall, in any manner, harass, discriminate against or retaliate against any employee hired for the performance of work under this Agreement on account of any characteristic or classification protected under

New York State or federal anti-discrimination laws; and

(c) in the course of performance of work under a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf shall, in any manner, harass, discriminate against, or retaliate against any person on account of any characteristic or classification protected under New York State or federal anti-discrimination laws; and

(d) that there may be deducted from the amount payable to the vendor by the County under any contract resulting from this bid a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and

(e) that any contract resulting from this bid may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of this section.

NO CONFLICT:

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

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

RECORDS:

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

County. The vendor may retain copies of such records for its own use.

INSURANCE:

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

DEFENSE AND INDEMNIFICATION:

The vendor agrees to the fullest extent of the law:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the vendor shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the vendor or third parties under the direction or control of the vendor; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the acts or omissions referred to in Sub-paragraph “(a)” above and to bear all other costs and expenses related thereto. The duty to defend hereunder shall be triggered immediately upon notice to the vendor by the County of the County’s receipt of a Notice of Claim, service of process or other demand or claim.

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

TERMINATION:

The County, upon ten (10) calendar days’ notice to the vendor, may terminate any contract(s) resulting from this bid in whole or in part when the County deems it to be in its best interest, whether with or without cause.

In such event, the vendor shall be compensated and the County shall be liable only for payment for goods, materials, equipment and/or services provided under any contract(s) awarded as a result of this bid up to the effective date of termination.

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

Should the equipment fail to perform as advertised at any point within the timeframe of the guarantee, the vendor shall, at its own expense, and at the County option, repair or replace said equipment. Should the vendor fail to make the equipment operate as advertised within a reasonable amount of time as determined by the using department and the County Attorney, the vendor agrees to remove the equipment and refund the County a prorated amount as follows: the percentage of time the equipment ran as advertised, as documented by the

County, in comparison to the manufacturers guarantee shall be calculated and that percentage of the original purchase price shall be deducted and the remainder of the original purchase price shall be refunded to the

County. No finance or any other charges shall be assessed to or by either party.

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

JUDGMENTS/LEGAL FINDINGS:

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

CATASTROPHIC EMERGENCY SERVICE:

This clause may be enacted upon the issuance of a “State of Emergency” by the governor of New York

State, Federal Emergency Management agency or other authorized governmental agency. This is being incorporated for the purpose of establishing a priority response to needs by the County of Ontario for goods and services included as a part of any contract awarded as a result of this bid.

The successful vendor(s) agree to provide all associated products and/or services on a 24 hour a day seven day a week basis upon verbal or written notification by a representative of the County Purchasing department or other assigned representative. Said products/services shall be supplied within twelve hours of notification by the County Monday through Friday between 8:00 AM and 5:00 PM and within twenty-four hours during Saturday and Sunday, off hours or any Federal holiday.

The vendor shall submit with their bid response a list of at least three names and telephone numbers of individuals having the authority to initiate the delivery of said products or services as needed. Upon the request of the County, the vendor shall also supply a detailed plan for backup delivery of products and/or services in the event their main supplier is unable to fulfill the Counties request.

PREVAILING WAGES:

All vendors submitting bids agree to conform to all New York State (“NYS”) and federal Department of

Labor and prevailing wage laws. The County has applied for and has received all PRC numbers for this project, which, if applicable, have been included with this document as an attachment. The successful vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this bid. For policy or rate questions call the NYS Department of

Labor at (585) 258-4505. Actual rates are available via the internet at:

http://www.labor.ny.gov/workerprotection/publicwork/pwratesch.shtm or for questions regarding federal labor rates and policy questions call 1-866-487-2365.

The County will only pay and the vendor agrees to only charge prevailing wage rates to those employees of any organization that are required by NYS law to receive said rates in the course of doing work for the

County. No payments will be made to any vendor covered under a contract resulting from this bid prior to the vendor supplying the County with certified payrolls in accordance with NYS Department of Labor regulations. The vendor agrees to verify all rates with the NYS Department of Labor prior to submitting a http://www.labor.ny.gov/workerprotection/publicwork/pwratesch.shtm proposal and prior to doing any work for the County as well as to establish which of the those workers involved in any part of a contract for the County are required by law to receive said rates.

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

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

NOTES:

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

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

IRAN DIVESTMENT ACT:

By submitting a bid in response to this solicitation or by assuming the responsibility of a contract awarded hereunder, bidder/contractor (or any assignee) certifies that it is not on the list of "Entities determined to be non-responsive bidders/offerors pursuant to The New York State Iran Divestment Act of 2012"

("Prohibited Entities List") posted on the New York State Office of General Services (“OGS”) website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on any contract(s) awarded as a result of this bid any subcontractor that is identified on the Prohibited

Entities List. Additionally, bidder/contractor is advised that should it seek to renew or extend any contract(s) awarded as a result of this bid, it must provide the same certification at the time the contract is renewed or extended.

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

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

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

SUBSTITUTE OR "OR EQUAL" ITEMS:

A Contract, if awarded, may be on the basis of materials and equipment as described in the Drawings, and

Bid Specifications, and “or equal” items submitted by the bidder and accepted by the County.

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

If a submitted “or equal” item is rejected, the bidders shall be afforded an opportunity to meet with the

County to offer additional qualifying opinions and information prior to the County rejecting the bid.

However, if the County determines that the materials or equipment do not meet the minimum acceptable specification, the vendor will not have the opportunity to offer the County other alternatives or to offer the original equipment specified by the County. Additionally, the bidder shall not have the opportunity to submit any alternative materials or equipment after the bids have been opened or awarded. Neither the

County nor its representatives shall make any determinations as to equality of materials or equipment prior to the opening of bids.

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

NON-APPROPRIATIONS CLAUSE:

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

NON-ASSIGNMENT:

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

County Board of Supervisors.

EMPLOYEE VERIFICATION REQUIREMENTS:

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

All vendors shall, upon request, supply the County with certified copies of U.S. Citizenship and

Immigration Services Form I-9 for all employees, subcontractors and their employees. These forms should be on file at the vendor’s home office and are available online at http://www.uscis.gov/files/form/i-9.pdf .

http://www.uscis.gov/files/form/i-9.pdf

By submitting a bid for consideration by the County, the vendor acknowledges that it has complied with and will continue to comply with all regulations and statutes concerning the verification of employee status.

MISCELLANEOUS:

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

BID FORM RESPONSES:

When filling out the Bid Form, be certain that:

1. All blanks are filled in with the requested information;

2. All forms are signed in blue or other non-black ink;

3. All areas requiring a price are to be filled in as follows:

• Supply a numerical price for all products or services to be provided. (This includes a $0.00 if there is no additional cost for any item);

• The words “No Bid” if you are not interested in or unable to perform any particular portion for the bid;

• All markings other than those indicated above or any blank spaces where prices are indicated shall be deemed as a “no bid” by the County and shall make the vendor non-responsive for that particular item (s). No exceptions shall be made in this case.

BID SPECIFICATIONS SUBMITTED BY: County Purchasing

County Department of Public Works

Finger Lakes Community College

Schedule "B" Insurance Requirements

I. All bid and quote responses shall include (1) proof or Workers Compensation insurance, (2) proof of

Disability insurance and (3) proof of Liability insurance/auto/professional insurance supplied on an

ACORD Certificate. Failure to do so may deem the vendor non-responsive.

II. CERTIFICATES OF INSURANCE

A. All insurance ACORD certificates shall name the County of Ontario (the “County”) as an

“additional insured.”

B. “Certificate Holder” shall be made out to the "County of Ontario, 20 Ontario Street St, Canandaigua, NY 14424."

C. Coverage must comply with all specifications of the contract.

D. All insurance ACORD certificates shall be executed by an insurance company and/or agency or broker which is licensed by the Insurance Department of the State of New York.

E. The certificate must indicate that prior to non-renewal or cancellation of these policies, at least thirty (30) days advance written notice shall be given to the County of Ontario and the County

Department requesting this Certificate, before such change shall be effective.

III. The vendor shall supply an ACORD Certificate of Insurance for vendor classification ___A_____.

The following two pages are a sample of the required Insurance ACORD and details of the required forms for Workers’ Compensation and Disability according to Sections 57 and 220 subd. 8 of the

Workers’ Compensation Law. The ACORD Certificate, Workers’ Compensation certificate and

Disability certificate must all be on file with the County before any contracts/awards can be approved by the County Board of Supervisors and must be kept current for any payments to be made.

IV. In some circumstances it will be necessary to require alternate coverage and limits which will be defined in the specifications, contract, lease or agreement. The alternative specifications should be evidenced on the certificate in lieu of the following standards.

SAMPLE ACORD -Classification A

Construction and Maintenance

Workers’ Compensation Requirements under Workers’ Compensation Law §57

To comply with coverage provisions of the Workers’ Compensation Law (“WCL”), businesses must:

a) be legally exempt from obtaining workers’ compensation insurance coverage; or

b) obtain such coverage from insurance carriers; or

c) be a Board-approved self-insured employer; or

d) participate in an authorized group self-insurance plan.

To assist State and municipal entities in enforcing WCL Section 57, businesses requesting permits or seeking to enter into contracts

MUST provide ONE of the following forms to the government entity issuing the permit or entering into a contract:

A) Form CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage;

Form CE-200 can be filled out electronically on the Board’s website, https://www.businessexpress.ny.gov/ Click on the last button in the lower right hand corner {WC/DB Exemptions Form CE-200 (In bright yellow letters)} Applicants filing electronically are able to print a finished Form CE-200 immediately upon completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any district office of the Workers’ Compensation Board. Applicants using the manual process may wait up to four weeks before receiving a CE-

200. Once the applicant receives the CE-200, the applicant can then submit that CE-200 to the government agency from which he/she is getting the permit, license or contract; or

B) Form C-105.2, Certificate of Workers’ Compensation Insurance (the business’s insurance carrier will send this form to the government entity upon request). Please Note: The State Insurance Fund provides its own version of this form, the U-26.3; or

C) Form SI-12, Certificate of Workers’ Compensation Self-Insurance (the business calls the Board’s Self-Insurance Office at 518-402-

0247), or GSI-105.2, Certificate of Participation in Worker’s Compensation Group Self-Insurance (the business’s Group Self-

Insurance Administrator will send this form to the government entity upon request).

Disability Benefits Requirements under Workers’ Compensation Law §220(8) To comply with coverage provisions of the WCL regarding disability benefits, businesses may:

a) be legally exempt from obtaining disability benefits insurance coverage; or

b) obtain such coverage from insurance carriers; or

c) be a Board-approved self-insured employer.

Accordingly, to assist State and municipal entities in enforcing WCL Section 220(8), businesses requesting permits or seeking to enter into contracts must provide one of the following forms to the entity issuing the permit or entering into a contract:

A) CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage (see above);

B) DB-120.1, Certificate of Disability Benefits Insurance (the business’s insurance carrier will send this form to the government entity upon request); or

C) DB-155, Certificate of Disability Benefits Self-Insurance (the business calls the Board’s Self-Insurance Office at 518-402-0247).

NYS Agencies Acceptable Proof: Letter from the NYS Department of Civil Service indicating the applicant is a New York State government agency covered for workers’ compensation under Section 88-c of the Workers’ Compensation Law and exempt from NYS disability benefits.

http://www.wcb.state.ny.us/content/main/forms/AllForms.jsp https://www.businessexpress.ny.gov/ http://www.wcb.state.ny.us/content/main/forms/AllForms.jsp

PREVAILING WAGE SCHEDULE

FOR ARTICLE 8 PUBLIC WORK PROJECT

Location: Ontario County

Project Type: Elevator Maintenance

PRC#: 2024001447

Effective dates of schedule provided by NYS DOL: July 2023 through June 2024.

A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for this project.

The current schedule(s) of the prevailing rates and prevailing hourly supplements for the project referenced above may be accessed at the New York State Department of

Labor website @ www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering the assigned PRC# at the proper location on the website.

For policy or rate questions call the NYS Department of Labor at (585) 258-4505. If you do not have internet access, you may contact the Ontario County Purchasing

Department at (585) 396-4442 to request a copy of the prevailing rate schedule provided for this project.

Please reference the topic of “Prevailing Wages” in the General Information section of this document.

STATEMENT OF WORK

ELEVATOR MAINTENANCE CONTRACT

The contract shall be performed in accordance with the specifications herewith and shall cover all elevators listed herein or added at a later date.

1. LAWS: Performance under any contract established on these specifications shall comply with all applicable Federal, State and local laws and regulations.

2. SCOPE: The work performed by the Contractor shall consist of furnishing all materials, labor, supervision, tools, parts and equipment necessary to provide full maintenance services, including but not limited to, cleaning, inspection, adjustments, tests, including the removal and replacement of parts for all of the equipment listed or added at a later time.

3. MONTHLY CHARGES: The County and the College shall be invoiced separately. Service shall be provided on the basis of the accepted bid and shall be invoiced and paid on a per month basis.

(Also see General Information - Price Adjustments)

4. EXTENT OF WORK: All work described as a part of this bid shall be performed by the

Contractor and unless otherwise specified, applies to all aspects of all parts, systems, controls, testing, cleaning, adjusting and any other items necessary for the safe, economical and uninterrupted use and operation of all elevators included as a result of the award of this bid. (Also see the General Information section - PARTS) Items a - i below indicate a partial list of services to be included under this contract. This is not meant to be a complete list but is offered to show the extent of the commitment on the part of the vendor and the expectations of the County and

College. Any part, test or other operation normally necessary and included as a normal industry standard for this type of contract, though not specifically listed or named in this specification is to be performed and included as a part of the prices offered.

a. Elevator machines, motor generator and control parts including mechanical parts, gears, worms, bearings, thrust bearings, brake, brake linings, magnetic frames, belts, coil, motor and operating circuit resistors, leveling devices, cams, door operators, car and hoist way door hangers, car door contacts and door protective devices, elevator car guide rollers, signal lamps, bandoliers, hoisting, compensating and governor ropes and all wiring within the elevator shafts, where included as part of the elevator operation.

b. Regular and systematic examination, adjustments, cleaning and lubrication of such frequency as to provide most efficient and safe operations. All cleaning materials are to be supplied by the Contractor at no additional cost to the County/ College. All lubricants shall be of the proper grade and type recommended by the manufacturer of the elevator for the purpose used.

c. Supplying, repairing and replacing of all parts of every description made necessary by wear and tear except those parts made unusable by misuse by the County/College.

d. Testing of every safety device and governors, as required by the latest edition, American

Standard Safety Code for Elevators, Dumbwaiters and Escalators, and at regular intervals not exceeding One (1) Year from the date of award of a contract. The Contractor shall promptly correct any defects that may be found in the testing and examining of equipment.

A FIVE (5) YEAR TEST AND REPORT SHALL BE SUBMITTED, PRIOR TO

THE CONTRACT EXPIRATION DATE. The report will list the condition of all equipment covered by this contract; the test shall be conducted according to ANSI

17.7.

e. Examining and Equalizing tension of all hoisting ropes. Repairing and/or replacing all electrical wiring and conductors extending to the elevator and escalator from the mainline switch in the machine room and all outlets in the hoist ways. (The main line switch, together with fuses for same, are EXCLUDED).

f. Keeping the guide rails clean and properly lubricated, except when roller type guides or dry gibs are involved, no rail lubrication shall be used. When necessary, the Contractor shall renew the guide shoe gibs or rollers as required to insure smooth and quiet operation.

g. Keeping the exterior of the machinery, and any other parts of the equipment subject to rust, properly painted and presentable at all times. The motor windings and controller coils are to be periodically treated with proper insulating compound.

h. The Contractor shall not be required to make renewals or repairs necessitated by reason of negligence or misuse of the equipment by persons other than the Contractor, or the

Contractor’s Representative and Employees, or by reasons of any other cause except normal and ordinary wear and tear. The Contractor shall notify the owner if repairs are required which are not covered as a part of this contract. The Contractor shall not be required, under this agreement, to install new attachments as may be recommended or directed by Insurance Companies, or by Federal, State, Municipal or Other Government

Authorities. Contractor shall provide a quote for total cost (material and labor) to make any repairs or replace any parts damaged by vandalism. This work shall be covered under a separate contract.

i. Preparation and forwarding of reports; maintenance or complete records; coordination of work; cleaning; lubricating; testing; adjusting; maintaining; repairing; furnishing and replacement of parts, including spares; furnishing of all appurtenances for testing; all as outlined, required and/or recommended in the American Practice for the Inspection of

Elevators, Inspector’s Manual, ASA-A 17.2-1965 and in the latest edition of the American

Standard Code for Elevators, Dumbwaiters and Escalators, including all latest revisions and addendums, and all as herein specified.

5. EXCLUSIONS: The finishing, and cosmetic repairs to, and replacement of the following are

EXCLUDED; Car Enclosure, hoist way enclosure, hoist way doors, door frames, sills and finished flooring, power feeders, disconnect switches and the wiring to the fuses, underground piping and disposal of or clean-up of waste oil or soil contamination caused by leaks in underground piping.

6. MANNER AND TIME OF CONDUCTING WORK: All work shall be performed by skilled elevator repair persons, directly employed and supervised by the Contractor unless otherwise authorized in writing by the County or College. The Contractor shall perform regular and preventive maintenance, tests and inspections during the regular working days and times of the owner. Schedule regular maintenance work at least 48 hours in advance. Coordinate arrival and access with County/College staff. Employees of the contractor shall wear uniforms and nametags immediately identifying themselves as company employees with the company logo, name, and employee’s name. Emergency adjustment call-back service at any hour of any day or night shall be considered as part of this contract and no overtime charges will be allowed. When maintenance or service work is to be scheduled requiring down time for the equipment, prior notification of such schedule shall be provided to the owners representative to allow sufficient notification to departments or functions which will be affected. For work at the college, Contractor shall contact a designated FLCC staff member upon arrival and before leaving. In response to

EMERGENCY CALLS the contractor shall be on site within two (2) hours after notification. The

Contractor shall provide a telephone number to be answered on a twenty-four (24) hour, seven (7) days a week basis.

7. PREVENTIVE MAINTENANCE, REPAIRS, AND REPLACEMENTS: The Contractor shall provide regular and systematic examination and preventive maintenance service of all elevators listed.