B24045 On-Demand Air Quality Monitoring.pdf

3/5/2024

NOTICE TO BIDDERS

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

Demand Air Quality Monitoring (B24045). 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 26, 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=md8811a79a34900c64c3b65fd206b4293 Meeting Number: 2347 765 7519

Password: B24045

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

Jenifer Langer

Purchasing Director

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=md8811a79a34900c64c3b65fd206b4293 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. IRS W-9 Form. See General Information

7. 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.

QUALIFICATION OF BIDDER:

Bids will only be accepted from established contractors and manufacturers or their authorized dealers who can supply the goods, material, service or equipment in accordance with the Bid Specifications. In the event a dealer submits a bid, the dealer shall guarantee that he/she is an authorized dealer of the manufacturer and the manufacturer has agreed to supply the dealer with the equipment offered in the proposal and that the dealer is authorized by the manufacturer to sell the equipment within the County. Further, the dealer agrees to submit a certificate from the manufacturer acknowledging that he/she is an authorized dealer, if so requested.

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.

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.

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.

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

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

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 ____D____. 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.

ACORD 25 (2016/03)

© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

Exhibit D- Professional Services

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

Date Form is issued

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If

SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

(Name of Agent)

CONTACT

NAME:

PHONE

(A/C, No, Ext):

FAX

(A/C, No):

E-MAIL

ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A : Insurance Company name here

INSURED

(Contractor/Vendor)

INSURER B : Insurance Company name here

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE

ADDL

INSD

SUBR

WVD POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY) LIMITS

X COMMERCIAL GENERAL LIABILITY X (Policy Number) Date Date EACH OCCURRENCE $1,000,000

CLAIMS-MADE OCCUR

DAMAGE TO RENTED

PREMISES (Ea occurrence) $50,000

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000

POLICY

PRO-

LOC JECT

OTHER:

PRODUCTS - COMP/OP AGG $1,000,000

AUTOMOBILE LIABILITY (Policy Number) Date Date

COMBINED SINGLE LIMIT

(Ea accident)

$1,000,000

X ANY AUTO BODILY INJURY (Per person) $

OWNED

AUTOS ONLY

HIRED

AUTOS ONLY

SCHEDULED

AUTOS

NON-OWNED

AUTOS ONLY

BODILY INJURY (Per accident) $

X X

PROPERTY DAMAGE

(Per accident)

UMBRELLA LIAB

EXCESS LIAB

OCCUR

CLAIMS-MADE

EACH OCCURRENCE $

AGGREGATE $

DED RETENTION $ $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANYPROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below

N / A

PER

STATUTE

OTH-

ER

E.L. EACH ACCIDENT $

E.L. DISEASE - EA EMPLOYEE $

E.L. DISEASE - POLICY LIMIT $

Professional Liability (Policy Number) Date Date Policy Limit $1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

Contractor/Consultant services provided as per contract with Ontario County

CERTIFICATE HOLDER CANCELLATION

Ontario County

20 Ontario Street

Canandaigua, NY 14424

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

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

BID SPECIFICATIONS

AIR QUALITY MONITORING

PART 1 – GENERAL

1.1 SUMMARY

A. This Section describes the requirements for Air Quality Monitoring at each project requiring the removal and disposal of asbestos-containing material:

1. Provide a Certified Industrial Hygienist (CIH) accredited by the American Board of

Industrial Hygiene (ABIH). The CIH shall:

a. Develop an air monitoring plan which will include locations and frequency of sampling.

b. Review and supervision of all testing, analysis, recommendations, and reporting.

c. Ensure that Owner’s employees and visitors will not be adversely affected by the asbestos removal and disposal operations.

d. Receive and evaluate submittals supplied by the asbestos Contractor.

e. Attend meetings as requested by the Owner to address technical questions.

f. Consult with the Owner as asbestos abatement work and associated monitoring progress.

g. Communicate with the asbestos Contractor, as often as necessary, by means of issuance of written advisement and directives.

h. Guard the Owner against defects and deficiencies in the work of the asbestos

Contractor and report any observed defects or deficiencies to the Owner immediately.

i. Recommend to the Owner rejection of the asbestos Contractor’s work that does not conform to Contract documents, including referenced codes, standards, and regulations.

j. Recommend to the Owner stop work orders when it may be necessary to evaluate proper performance of the work.

k. Supervise project monitoring activities.

l. Perform final inspection and testing to determine whether the regulated area or building has been adequately decontaminated.

2. Provide a Project Monitor to conduct inspections during the Hazardous Materials abatement portion of the project. The Project Monitor shall possess valid Project

Monitor certification issued by the New York State Department of Labor (NYSDOL).

a. The Project Monitor shall perform pre-abatement inspections of the work areas to ensure that required work area preparation procedures have been followed. The Project Monitor shall document the final pre-abatement inspection in the daily inspection report. Upon satisfactory completion of work area preparation, the asbestos Contractor (the Contractor) may proceed with removal operations.

b. The Project Monitor will be available to consult with Owner and the

Contractor throughout the course of the project.

c. The Project Monitor shall be responsible to notify Owner, of any previously unidentified suspect materials observed. The project monitor or an inspector shall sample and analyze samples as necessary.

d. The Project Monitor shall conduct daily inspections during actual abatement operations. During these inspections, the Project Monitor will evaluate the

Abatement Contractor’s compliance with all applicable regulations, standards, variances, and the Contract Documents, and will document the findings in a daily inspection report.

e. At the completion of removal and cleaning operations, the Project Monitor and Contractor shall tour the work area with the CIH to conduct a final visual inspection. The Project Monitor shall document the inspection in the daily inspection report.

f. Should the Contractor fail to cooperate with any reasonable request or directive of the Project Monitor with respect to matters of regulatory interpretation and the requirements of the contract documents, the Project

Monitor shall immediately contact IBC for further direction.

3. Provide an Air Sample Technician to conduct daily air sampling as required by NYS

Code Rule 56 during the ACM abatement portion of the project. The Air Sample

Technician shall possess valid Air Sampling Technician certification issued by the

New York State Department of Labor (NYSDOL).

a. The sampling will be performed by an experienced and qualified individual.

The Project Monitor, if certified as an Air Sampling Technician, is the ideal candidate.

b. The air sampling technician will be expected to perform air sampling within and outside the abatement work area before, during, and after abatement as required and will supply all equipment necessary to perform their duty.

c. The selected firm will be responsible for ensuring timely delivery of samples to an approved laboratory and that sample results are posted on site within the acceptable time limit.

4. Deliver all samples to and have all samples analyzed at a New York State

Department of Health (NYSDOH) approved analytical laboratory accredited under the Environmental Laboratory Approval Program (ELAP).

a. All PCM samples shall be analyzed using NIOSH 7400. Turnaround time for laboratory analysis of samples shall be 12 or 24 hours.

b. Provide 24-hour TAT for all Friable Bulk Samples, NOB Bulk Samples and

TEM Bulk Samples

5. The selected firm shall prepare and submit a comprehensive report, for each building, facility or structure, detailing the results of the abatement activities, air monitoring and sample analysis, including all tests and analytical results.

6. Coordinate with the Contractor and Owner to verify that the Original Waste

Manifests are received by the Owner.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION

BID FORM – B24045

PROPOSAL FORM FOR BID to be publicly opened and read at the date, time and location listed on the notice to bidders.

Bids must be submitted in a sealed envelope plainly marked as to its contents.

Award of bid will be based on lowest bid price per specifications.

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

By signing and submitting this Bid Form, the undersigned acknowledges that they have read, understand and agree to all of the terms of the bidding documents as presented without reservation or alteration including: the Notice to Bidders, Instructions to Bidders, General Information, Schedule B Insurance Requirements, Bid Specifications , Bid Form and any Addenda upon which the bid is based.

All prices are to be net delivered prices and are to include no taxes.

DATE OF BID: ____________________________________________

NAME OF FIRM: __________________________________________

MAILING ADDRESS: ______________________________________

CITY/STATE/ZIP CODE: ____________________________________

TELEPHONE NUMBER: ____________________________________

FAX NUMBER: ____________________________________________

E-MAIL ADDRESS: _________________________________________

BY: _______________________________________________________

Signature of Representative (Blue or other non-black ink required)

BY: _______________________________________________________

Signature of Representative (PRINTED)

FEDERAL OR TAX ID # ______________________________________

ADDENDA

The following is confirmation of all the addenda upon which this bid proposal is based.

– Addenda # ________ - Received - _____________, 2024 _____________ Initialed by Rep.

– Addenda # ________ - Received - _____________, 2024 _____________ Initialed by Rep.

– Addenda # ________ - Received - _____________, 2024 _____________ Initialed by Rep.

INDIVIDUAL, CORPORATE, PARTNERSHIP OR LLC ACKNOWLEDGMENT

STATE OF _______________)

)SS:

COUNTY OF _______________)

On the ___ day of _______________________, in the year 20__ before me personally appeared

_____________________________________, known to me to be the person who (name of person signing contract) executed the within instrument, who being duly sworn by me did depose and say that __he resides at

_________________________________ in the Town of ____________________, County of

______________________, State of ___________________, and further that:

[Check One]

( If an individual): __he executed the foregoing instrument in his/her name and on his/her own behalf, or doing business as (d/b/a) _____________________________________________.

(name of company)

( If a corporation): __he is the __________________of __________________________, the (title) (name of company) corporation described in said instrument; that, by authority of the Board of Directors of said corporation, __he is authorized to execute the foregoing instrument on behalf of the corporation for the purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name of and on behalf of said corporation, as the act and deed of said corporation.

( If a partnership): __he is the __________________ of _________________________, the (title) (name of company) partnership described in said instrument; that, by the terms of said partnership, __he is authorized to execute the foregoing instrument on behalf of the partnership for the purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name and on behalf of said partnership, as the act and deed of said partnership.

( If a limited liability company): __he is a duly authorized member of

________________________________, LLC, the limited liability company described in said (name of company) instrument; that __he is authorized to execute the foregoing instrument on behalf of the limited liability company for the purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name of and on behalf of said limited liability company, as the act and deed of said limited liability company.

Notary Public

BID FORM – B24045 Page 3 of 3

Note: Vendors are to pay particular attention to the way each item is requested to be priced.

Example: Price $ _______/ each, or /lot, or / ounce.

Varying from the requested price breakdown may cause that item to be deemed non-responsive.

ITEM # 1 AIR QUALITY MONITORING FOR ASBESTOS PROJECTS

A. Certified Industrial Hygienist (CIH) per Hour $__________/hr __________________________

(Unit Price) (In Words)

B. CIH Overtime Hours (Note 1) $__________/hr __________________________

C. Air / Project Monitor per Hour $__________/hr __________________________

D. Air / Project Monitor Overtime Hours (Note 1) $__________/hr __________________________

E. Inspector per Hour $__________/hr __________________________

F. PCM Air Samples (24hr including analytical cost) $_________/ea ________________________

G. PCM Air Samples (12hr including analytical cost) $________/ea _________________________

H. PLM (Friable) ACM Testing $________/ea ___________________________

I. PLM (NOB) ACM Testing $________/ea ___________________________

J. TEM ACM Testing $________/ea ___________________________

K. Closeout Report Preparation per Hour $________/hr ___________________________

NOTES:

1: Cost per hour worked over 8 hours in day or on weekends.

2: All Reimbursable Expenses (mileage, personal protective equipment, etc.) shall be included in the

Unit Prices.

NON-COLLUSIVE BIDDING CERTIFICATION

By submission of this bid (B24045), each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition.

NAME OF FIRM_____________________________________________________

Individual or Legal Name of Firm or Corporation

MAILING ADDRESS:_________________________________________________

CITY/STATE/ZIP CODE:_____________________________________________

BY:______________________________________________________________

Signature of Representative of Firm or Corporation (blue or other non-black ink)

DATED:______________________

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW §139-l

In accordance with State Finance Law §139-l, which generally prohibits the County from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York Labor Law §201-g, the bidder submits the following certification under the penalty of perjury:

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201-g of the Labor Law.

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Date

Sworn to before me this

_______ day of________, 20______

Notary Public

NON-BIDDER'S RESPONSE B24045

The County of Ontario is interested in ascertaining reasons for prospective bidders' failure to respond to invitations for bids and quotes. If your firm is not responding to this bid, please indicate the reason(s) by checking any appropriate item(s) below and returning this form to the Ontario…