B26072 Notice To Bidders.pdf

1/29/2025

Notice to Bidders

1.1. Notice to Bidders

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

B26072 Sample Analysis, Pick-up, and Transport of Influent Wastewater Samples. The County prefers electronic submittals via the eProcurement Portal at https://procurement.opengov.com/portal/ontariocountyny however, sealed paper bids can be filed with the Ontario County Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424, PRIOR TO 3:00 pm prevailing time, on Tuesday, July 28, 2026 at which time said bids will be publicly opened and read via Webex meeting.

Meeting Link:

https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=m628e440d12d5227b6dc91c3bd2e8e0

Meeting Number: 2332 413 8983

Meeting Password: B26072

1.2. Documents - No Deposit

Bid Documents and specifications may be obtained from the County's eProcurement Portal via https://procurement.opengov.com/portal/ontariocountyny or at the office of the County Purchasing Director at the above mentioned address. Vendors requesting arrangements for other than U.S. Mail shall be responsible for making such arrangements and all associated costs.

1.3. Renewals

The County reserves the right to renew all or any part of this Agreement, if awarded for up to two (2) twelve

(12) month periods.

1.4. Note

The County shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the County Purchasing Department or via our eProcurement portal at https://procurement.opengov.com/portal/ontariocountyny. Any vendor submitting a Bid Response based on incomplete or inaccurate information resulting from documentation received from any third party, shall not have cause for relief from Award in accordance with the official documents on file with the County Purchasing Department.

It is HIGHLY suggested that all vendors interested in participating in this project, consult the eProcurement portal at the above website to assure they have received the most accurate and up to date material concerning this contract.

1.5. Participating Vendors

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

MADE TO THIS POLICY.

https://procurement.opengov.com/portal/ontariocountyny https://procurement.opengov.com/portal/ontariocountyny

2/4/2025

1.6. Rejections

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

1.7. Property of the County

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

Prepared by:

COUNTY OF ONTARIO

Jenifer Langer

Purchasing Director

Purchasing Department

Instructions to Bidders - Goods & Services

1. Read all documents in all sections as well as any attachments included.

2. Vendors are responsible for submitting their responses using the instructions listed in 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 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 submitted electronically via the

County's eProcurement Portal at https://procurement.opengov.com/portal/ontariocountyny or be made in writing to the County Purchasing Director prior to the bid opening via regular mail, or e-mail at

Purchasing@ontariocountyny.gov. 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 will not be entertained.

5. If submitting a hard copy Bid Response, Vendors shall indicate on the outside of their sealed response the following information:

a. Sample Analysis, Pick-up, and Transport of Influent Wastewater Samples and Bid #B26072

b. Date and Time of Bid Opening (Tuesday, July 28, 2026 at 3:00 pm)

c. Company Name

6. 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.

7. The only forms necessary to be submitted as a bid are the following:

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

b. Individual, Corporate, Partnership or LLC Acknowledgment.

c. Non-Collusion Affidavit, signed and notarized.

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

e. Insurance certificates (if applicable). See the Insurance Requirements Section.

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

g. IRS W-9 Form. See General Information

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

mailto:Purchasing@ontariocountyny.gov

8. Bid tabulations will be posted on the County's eProcurement portal as soon as possible after bid opening.

9. Award information will be posted to the County's eProcurement portal as soon as possible after award.

10. 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 waive any minor informalities it deems to be in its best interest.

General Information

3.1. Award of Bid

This Invitation for Bid is the County seeking an offer for sample analysis and pick-up and transport of influent wastewater samples, further detailed in the Bid Specifications. An “Award” if made, will be to the lowest responsive/responsible vendor(s) in part or in whole who meet(s) all the terms of the Bid Specifications.

If the County accepts your offer via Award, the County and Awarded Vendor will have entered a legally binding contractual relationship. The County's "Bid Documents" and the Awarded Vendor's “Response

Documents” constitute the “Agreement”. If any terms of the Bid Documents conflict with or differ from the

Awarded Vendor's Response Documents, the provisions of the Bid Documents shall control. The County guarantees no minimum or maximum purchase(s) as a result of award of this bid. Additionally, the County reserves the right to purchase any goods or services included as a part of this bid through any means legally available to it at any time.

3.2. Definitions

1. County: The County of Ontario, New York

2. Invitation for Bids: Formal advertised request by the County seeking offers from qualified vendors

3. Agreement: consists of the Bid Documents, Response Documents, and Resolution, and is binding to both parties

4. Award: the passage of a resolution by the Ontario County Board of Supervisors to enter a legally binding agreement with the Vendor for the sample analysis and pick-up and transport of influent wastewater samples

5. Resolution: a formal written statement that expresses a decision by the Ontario County Board of

Supervisors following a vote at a Board of Supervisors meeting

6. Awarded Vendor: the vendor that has submitted a valid offer via Response Documents, is deemed the lowest responsive/responsible vendor by the County, and whose offer via Response Documents is accepted by the Ontario County Board of Supervisors via Resolution

7. Bid Documents: For purposes of Award, the "Bid Documents" shall consist of:

a. Notice to Bidders

b. Instruction to Bidders

c. General Information

d. Insurance Requirements

e. Bid Specifications

f. Bid Schedule

g. Any Addenda

8. Response Documents: For purposes of Award, the “Response Documents” shall consist of:

a. Bid Form

b. Individual, Corporate, Partnership or LLC Acknowledgement

c. Non-Collusive affirmation

d. Sexual Harassment policy affirmation

e. Completed Bid Schedule

f. Any additional information included with bid response

3.3. Extension of Award to Other Entities Via GML Sections 100 to 104

The County reserves the right to allow all municipal and not for profit organizations authorized under the

General Municipal Laws of the State of New York (“GML”), to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to GML Sections 100 through 104. However, it is understood that the extension of such awards under GML Sections 100 through 104 are at the discretion of the

Awarded Vendor and the Awarded Vendor is only bound to any award between the County and the Awarded

Vendor.

3.4. Method of Award

Pursuant to General Municipal law section 105, the County has forty-five (45) days to accept a vendor’s offer submitted via vendor’s Response Documents. By submitting the Response Documents, you are agreeing to hold your offer open for a minimum of forty-five (45) days. An offer may be extended beyond forty-five (45) days at the vendor’s discretion. Notice of award(s) shall be in the form of a copy of the Resolution adopted by the

County Board of Supervisors.

3.5. 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.

3.6. Qualification of Bidder

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

3.7. Financing of Material or Equipment Purchases

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

Bid Specifications. Any financial or other arrangements made between the Awarded Vendor and any other party as a part of this bid are strictly between those parties and the County shall not be included or be required to participate in them in any way. Furthermore, the County shall only make payments directly to the Awarded

Vendor. The County shall not make partial or prepayments of any kind unless stipulated in the Bid

Specifications by the County.

3.8. Payments

Payments to Awarded Vendor will be made within thirty (30) calendar days of receipt of an approved and accepted invoice by the County. If the Invitation for Bids is for equipment, the County will pay the Awarded

Vendor within thirty (30) calendar days of receipt and acceptance of the equipment as fully functional and operational including training of County staff by the Awarded Vendor in the operation and maintenance of the equipment and upon receipt and approval of a correct invoice from the Awarded Vendor. Prior to receiving payment, the County requires that the Awarded Vendor have a current completed IRS form W-9 on file with the

County Finance Department. The County may, at its option, audit such books and records of the Awarded

Vendor as are reasonably pertinent to this Agreement, if awarded, to substantiate the basis for payment and compliance with the terms of this Agreement, if awarded.

3.9. Term of Agreement

This Agreement, if awarded, shall be for a term beginning, the date of Award and ending, twelve (12) months from date of Award. The County reserves the right to renew all or any part of this Agreement, for up to two (2) twelve (12) month periods.

3.10. Price Adjustments

Unless stated otherwise at no time during the term of this Agreement, if awarded, may any of the pricing submitted in the Response Documents be changed for any reason without prior written approval by the County.

The Awarded Vendor may request a price adjustment after the first six months of the term of this Agreement, if awarded. However, the Awarded Vendor may only make one such request in a twelve (12) month period. The

Awarded Vendor shall give the County a minimum of thirty (30) calendar days notification of any request for a price adjustment. Said adjustment may at no time exceed the Consumer Price Index Table 4 for all items as calculated by the County Purchasing Department. If the Awarded Vendor refuses to perform under this

Agreement due to a rejection of a requested price adjustment, the County shall have the right, power and authority to complete the services provided for in this Agreement, if awarded, or contract for their completion with another vendor and any additional expense or cost of such completion shall be charged to and paid by the

Awarded Vendor of this Agreement.

3.11. Fuel Surcharges

The County will not pay any type of fuel surcharge on any item unless specifically indicated as such by the Bid

Documents. Any fuel charges added and not authorized by the County will be deleted from any payments made to the Awarded Vendor.

3.12. Tax on Materials

In regard to any taxes, please acquire a copy of form ST-120.1 from the NYS Department of Taxation and

Finance and follow accordingly.

3.13. Compliance

The Awarded Vendor shall comply, at its own expense, with the provisions of all federal, state, and local laws, rules, and regulations applicable to its performance of this Agreement, if awarded and any terms and conditions of a grant associated with this Agreement, if awarded.

3.14. Progress

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

3.15. Delays

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

3.16. Independence

The Awarded Vendor expressly understands and agrees that it is and shall in all respects be considered an independent contractor. The Awarded Vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the Awarded Vendor in the performance of this

Agreement, if awarded are not and shall not hold themselves out nor claim to be an officer or employee of the

County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social Security or retirement plan membership or credit. Further, the Awarded

Vendor, by virtue of their independent contractor status, shall under no circumstance constitute an employee of the County for purposes of the Affordable Care Act, shall not be entitled to any subsidy or credit in connection with this Agreement, if awarded and agrees if the County were to be assessed a penalty related to this bid that they will defend and indemnify the County for any said penalty or related penalty.

3.17. Non-Discrimination

The Awarded Vendor expressly agrees that:

1. in the hiring of employees for the performance of this Agreement, if awarded, neither the Awarded

Vendor, any subcontractor, nor any person acting on their behalf, shall discriminate against any person on the basis of any characteristic or classification protected under New York State or federal anti-discrimination laws, who is otherwise qualified and available to perform the work to which the employment relates; and

2. neither the Awarded Vendor, any subcontractor, nor any person acting on behalf of such Awarded

Vendor or subcontractor shall, in any manner, harass, discriminate against or retaliate against any employee hired for the performance of work under this Agreement, if awarded, on account of any characteristic or classification protected under New York State or federal anti-discrimination laws; and

3. in the course of performance of work under this Agreement, if awarded, neither the Awarded Vendor, any subcontractor, nor any person acting on their behalf shall, in any manner, harass, discriminate against, or retaliate against any person on account of any characteristic or classification protected under

New York State or federal anti-discrimination laws; and

4. that there may be deducted from the amount payable to the Awarded Vendor by the County under this

Agreement, if awarded, a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and

5. that this Agreement, if awarded may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of this section.

3.18. No Conflict

The Awarded Vendor agrees that it has no interest and will not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services and duties hereunder. The vendor further agrees that, in the performance of this Agreement, if awarded, no person having any such interest shall be employed by it.

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

Agreement, if awarded, without liability, and to deduct the awarded price, or otherwise to recover, the full amount of such fee, commission percentage, gift or consideration.

3.19. Records

All original records compiled by the Awarded Vendor in performing under this Agreement, if awarded, including but not limited to written reports, studies, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications, and all similar recorded data, shall become and remain the property of the County. The Awarded Vendor may retain copies of such records for its own use.

3.20. Insurance

Failure to secure and maintain the required insurances contained in the Insurance Requirements section which is attached hereto and made a part hereof, is a material breach of this Agreement, if awarded. Awarded Vendor shall reimburse the County for any funds expended by the County that would have been paid by Awarded

Vendor’s insurance carrier under any required insurance. Should Awarded Vendor’s required insurance be cancelled or lapse in any way, Awarded Vendor shall submit the insurer’s notice of cancellation or lapse to the

County within two business days of receipt.

3.21. Defense and Indemnification

The Awarded Vendor agrees to the fullest extent of the law:

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

and

2. to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the acts or omissions referred to in sub-paragraph “(1)” above and to bear all other costs and expenses related thereto. The duty to defend hereunder shall be triggered immediately upon notice to the vendor by the County of the County’s receipt of a Notice of Claim, service of process or other demand or claim.

These defense and indemnification obligations shall survive the expiration or termination of this Agreement, if awarded, whether occasioned by the Agreement’s expiration or earlier termination.

3.22. Termination

The County, upon ten (10) calendar days’ notice to the Awarded Vendor, may terminate this Agreement, if awarded, in whole or in part when the County deems it to be in its best interest, whether with or without cause.

In such event, the Awarded Vendor shall be compensated and the County shall be liable only for payment for goods, materials, equipment and/or services provided under this Agreement, if awarded, up to the effective date of termination.

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

Vendor as final.

Should the equipment fail to perform as advertised at any point within the timeframe of the guarantee, the

Awarded Vendor shall, at its own expense, and at the County's option, repair or replace said equipment. Should the Awarded Vendor fail to make the equipment operate as advertised within a reasonable amount of time as determined by the using department and the County Attorney, the Awarded Vendor agrees to remove the equipment and refund the County a prorated amount as follows: the percentage of time the equipment ran as advertised, as documented by the County, in comparison to the manufacturers guarantee shall be calculated and that percentage of the original purchase price shall be deducted and the remainder of the original purchase price shall be refunded to the County. No finance or any other charges shall be assessed to or by either party.

In the event the County determines that there has been a material breach by the Awarded Vendor of any of the terms of this Agreement, if awarded, and such breach remains uncured for five (5) days after service on the

Awarded Vendor of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete that which is required by this Agreement, if awarded, and any additional expense or cost of such completion shall be charged to and paid by the Awarded Vendor. Service of notice hereunder shall be effective on the date of mailing.

3.23. Judgments / Legal Findings

Each vendor affirms that at the time the Response Documents were provided to the County, they have no judgments or other legal findings nor have any pending judgments or other legal findings against the company, its executives or any other person that will be employed in any fashion as a part of this Agreement, if awarded, with any federal, state or local governmental entities that in any way could impact or have the potential to impact their ability to legally complete any Agreement awarded them as a result of this IFB. Failure of the

Awarded Vendor to disclose any such judgments and/or findings at the time the Response Documents were submitted or during the term of this Agreement, if rewarded, will result in the termination of any Agreements and other penalties as deemed legal and appropriate by the County.

3.24. Iran Divestment Act

By submitting a bid in response to this solicitation or by assuming the responsibility of an award hereunder, the

Awarded Vendor certifies that it is not on the list of "Entities determined to be non-responsive bidders/offerors pursuant to The New York State Iran Divestment Act of 2012" ("Prohibited Entities List") posted on the New

York State Office of General Services (“OGS”) website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize any subcontractor that is identified on the Prohibited Entities List. Additionally, Awarded Vendor has been advised that should it seek to renew or extend this Agreement, if awarded, it must provide the same certification at the time the agreement is renewed or extended.

During the term of this Agreement, if awarded, should the County receive information that a person of business

(as defined in New York State Finance Law Section 165-a) is in violation of the above-referenced certifications, the County will review such information and offer the person or business an opportunity to respond. If the person or business fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of The New York State Iran Divestment Act of 2012 within ninety (90) days after the determination of such violation, then the County shall take such action(s) as may be appropriate and provided for by law, vile, or

Agreement, including, but not limited to, seeking compliance, recovering damages, or declaring the Awarded

Vendor in default.

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

3.25. Substitute or "Or Equal" Items

An Award, may be on the basis of materials and equipment as described in the Drawings, and Bid

Specifications, and/or “or equal” items submitted by the vendor and accepted by the County.

Vendors may offer “or equal” items that meet the same performance and reliability standards as specified in the

Bid Specifications. If a vendor offers an “or equal” item, the vendor must include with their Response

Documents documentation establishing equality of construction, operation and utility. Said “or equal” items shall be accepted or rejected based upon the County’s evaluation of the submitted documentation. All costs associated with the review of any “or equal” items prior to Award shall be at the vendor’s expense.

If a submitted “or equal” item is rejected, the vendor shall be afforded an opportunity to meet with the County to offer additional qualifying opinions and information.

If, after this meeting, the County still determines that the materials or equipment do not meet the minimum acceptable specification, the vendor will not have the opportunity to offer the County other alternatives or to offer the original equipment specified by the County. Additionally, the vendor shall not have the opportunity to submit any alternative materials or equipment after the bids have been opened or awarded.

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

Neither the County nor its representatives shall make any determinations as to equality of materials or equipment prior to the opening of bids. The decision to accept or reject an “or equal” item rests solely with the

County.

3.26. Non-Appropriations Clause

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

In accordance with New York State General Municipal Law, the County will not be liable for any purchases or contracts, including this Agreement, if awarded, for which funding is not available. As a result, the Awarded

Vendor agrees to hold the County harmless for any awards including this Agreement, if awarded, for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the County. Issuance of a purchase order by the County indicates that the County currently has and has set aside adequate funds to procure the goods and services indicated in the purchase order. Should it become necessary for the County to cancel a project or purchase after an order to proceed or purchase order has been issued, the County will only be liable for and the Awarded Vendor agrees to only assess those financial damages that it can prove to have incurred as a direct result of the cancellation.

3.27. Non-Assignment

In accordance with New York State General Municipal Law Section 109, at no time during the term of this

Agreement, if awarded, shall the Awarded Vendor be allowed to assign, transfer, convey, sublet or otherwise dispose of their right, title, or interest in this Agreement, if awarded to a third party without the prior express written approval of the County Board of Supervisors.

3.28. Employee Verification Requirements

Vendors are required to comply with all current state, federal and local laws, rules and regulations as they pertain to the verification of the ability of each employee to legally work in this state and country. This includes all employees, subcontractors and their employees engaged in work covered by this Agreement, if awarded.

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

Immigration Services Form I-9 for all employees, subcontractors and their employees. These forms should be on file at the vendor’s home office and are available online at http://www.uscis.gov/files/form/i-9.pdf . By submitting Response Documents for consideration by the County, the vendor acknowledges that it has complied with and will continue to comply with all regulations and statutes concerning the verification of employee status.

3.29. Miscellaneous

If any provision of this Agreement, if awarded is determined to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining portions of this Agreement, if awarded. Any such invalid or unenforceable provision shall be modified so as to give effect to the original intent of the parties to the maximum extent possible. Each and every provision of law and clause required by law to be inserted in this

Agreement, if awarded shall be deemed to have been inserted herein, and if through mistake or inadvertence such provision is not inserted, said clause shall be deemed to have been inserted and shall have the full force and effect of law. This Agreement, if awarded shall be construed and enforced in accordance with the laws of the State of New York.

3.30. Bid Form Responses

When submitting a hard copy response, be certain that:

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

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

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

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

a. 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);

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

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

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

When submitting a response electronically, be certain that:

1. All requested documents have been uploaded;

2. The Individual, Corporate, Partnership or LLC Acknowledgement has been signed and notarized;

3. All confirmations have been completed;

4. The Bid Schedule is filled out completely:

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

Insurance Requirements

ONTARIO COUNTY INSURANCE REQUIREMENTS

**References to “Contractor” in these Insurance Requirements include the "Contractor," "Vendor" or

"Consultant" that is a party to the agreement with Ontario County.

4.1. Instructions for Insurance Requirements

1. The Ontario County Insurance Requirements consist of:

a. these instructions for Insurance Requirements

b. proof of liability insurance

c. proof of Workers’ Compensation insurance; and

d. proof of Disability Insurance

2. Proof of insurance shall be provided by the Contractor prior to standing committee approval or issuance of a purchase order. In addition, all bids and quotes require proof of insurance with the response.

3. Any change in or waiver of insurance requirements must be approved by the County Governmental

Operations and Insurance Committee. Any failure by the County to object to the contents of the certificate of insurance or the absence of same shall not be deemed a waiver of any and all rights held by the County.

4. No Limitation of Liability: The policy limits required by these Insurance Requirements shall in no way operate or be considered as a limitation of Contractor’s liability.

5. Contractor must provide new ACORD certificates when any policy listed on the form expires.

6. If Contractor maintains broader coverage and/or higher limits than the minimums shown below, the

County requires and shall be entitled to the broader coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

7. The Contractor’s insurance policies must be from an A.M. Best A rated or better insurer, authorized to conduct business in New York State. A New York State admitted insurer is preferred. The decision to accept specific insurers lies exclusively with the County.

8. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstance.

9. General Requirements for Proof of Commercial General Liability Insurance

a. Use of ACORD Form: Proof of Commercial General Liability Insurance must be provided on a New

York-approved ACORD form. ACORD Insurance Certificates must be executed by an insurance company and/or agency or broker licensed by the Insurance Department of the State of New York.

b. The ACORD form must contain (i) the name of the agent producing the form; (ii) a policy number;

(iii) policy effective date and expiration date; and (iv) the name of the Contractor, which must match the Contractor name on the Agreement.

c. Type of policy: Commercial General Liability Insurance shall be written on an occurrence coverage form. Insurance shall include coverage for bodily injury and property damage liability.

d. Additional Insured Status: All Commercial General Liability insurance certificates must name

Ontario County as an “Additional insured.” Additional insured status must include products and completed operations. The Contractor agrees to indemnify the County for any applicable deductibles and self-insured retentions. No Action over Exclusion shall be on the policy.

e. “Certificate Holder”: shall be “County of Ontario, 20 Ontario Street, Canandaigua, NY 14424.” The certificate holder cannot be a County department.

f. “Description of Operations”: must say “Vendor/Contractor/Consultant services provided as per contract with Ontario County.”

g. Non-renewal, Change, or Cancellation: Contractor shall provide written notice of any non-renewal, change, or cancellation of the policies required herein to the County of Ontario and the County

Department requesting this Certificate at least thirty (30) days prior to such non-renewal, change, or cancellation. Such written notice may be provided through the County’s electronic contract system.

h. Waiver of Subrogation: Contractor hereby grants to the County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Waiver of subrogation must be indicated on the ACORD form. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer and regardless of whether waiver of subrogation is indicated on the

ACORD form.

i. Primary / Non-contributory Coverage: Contractor’s insurance shall be primary and the County’s self-insurance program shall be excess and shall not contribute with it.

j. Abuse & Molestation Liability: Contractors providing services to minors (0 to 18 years of age) pursuant to the contract with Ontario County shall provide proof of sexual abuse and molestation coverage.

k. Garage Keepers Legal Liability: Contracts for vehicle repair services that are performed on the

Contractor’s property require garage liability insurance with limits of $500,000 auto and other than auto.

10. Proof of Automobile Insurance

a. For all construction contracts, contracts requiring reimbursement of the Contractor’s mileage, or any other contract requiring use of a vehicle other than for transportation of the contractor from home/main office to the work site or from the work site to home/main office, the ACORD form must include proof of Auto Liability Coverage as set forth below.

b. All Automobile Liability insurance certificates must name Ontario County as an “Additional insured.” The Contractor agrees to indemnify the County for any applicable deductibles and self-insured retentions. No Action over Exclusion shall be on the policy.

c. Waiver of Subrogation: Contractor hereby grants to the County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Waiver of subrogation must be indicated on the ACORD form. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer and regardless of whether waiver of subrogation is indicated on the

ACORD form.

d. Primary / Non-contributory Coverage: Contractor’s insurance shall be primary and the County’s self-insurance program shall be excess and shall not contribute with it.

11. General Requirements for Proof of Professional Liability Insurance

a. Use of ACORD form: An ACORD form is strongly preferred for proof of Professional Liability

Insurance. Alternative forms may be accepted, in the discretion of the Ontario County Attorney’s

Office, so long as such certificates are executed by an insurance company and/or agency or broker licensed by the Insurance Department of the State of New York.

b. The ACORD form or other approved Certificate of Insurance must contain (i) the name of the agent producing the form; (ii) a policy number; (iii) policy effective date and expiration date; and (iv) the name of the Contractor, which must match the Contractor name on the Agreement.

c. Type of policy: Professional liability coverage shall be maintained for not less than three (3) years following expiration or termination of the Agreement OR shall the Contractor shall provide an equivalent extended reporting endorsement (commonly known as a “tail policy”).

d. Non-renewal, Change, or Cancellation: Contractor shall provide written notice of any non-renewal, change, or cancellation of the policies required herein to the County of Ontario and the County

Department requesting this Certificate at least thirty (30) days prior to such non-renewal, change, or cancellation. Such written notice may be provided through the County’s electronic contract system.

e. Abuse & Molestation Liability: Contractors providing services to minors (0 to 18 years of age) pursuant to the contract with Ontario County shall provide proof of sexual abuse and molestation coverage.

12. General Requirements for Proof of Umbrella/Excess Insurance

a. Where required, proof of Umbrella/Excess insurance must be provided on a New York-approved

ACORD form. ACORD Insurance Certificates must be executed by an insurance company and/or agency or broker licensed by the Insurance Department of the State of New York.

b. Type of policy: Umbrella/Excess insurance shall be on a follow-form basis or provide broader coverage over the General Liability and Auto Liability coverages.

c. Additional Insured Status: All Umbrella/Excess insurance certificates must name Ontario County as an “Additional insured.”

d. Waiver of subrogation applies and Contractor’s insurance shall be primary / non-contributory.

13. Workers’ Compensation Insurance

a. New York State law mandates that municipal entities require their contractors or permit applicants to provide proof of Workers’ Compensation insurance OR proof of exemption from providing

Workers’ Compensation insurance, in compliance with NY Workers’ Compensation Law §57.

b. To comply with coverage provisions of the Workers’ Compensation Law, contractors must:

i. be legally exempt from obtaining workers’ compensation insurance coverage; or

ii. obtain such coverage from insurance carriers; or

iii. be a Board-approved self-insured employer; or

iv. participate in an authorized group self-insurance plan.

c. FORMS - Contractors or entities requesting permits from Ontario County must provide one of the following NY State-approved forms to Ontario County. NOTE - ACORD forms cannot be accepted as proof of Workers’ Compensation coverage.

i. Form CE-200, Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage: Form CE-200 can be completed electronically on the NY

Workers’ Compensation Board’s website, https://www.wcb.ny.gov/content/main/forms/AllForms.jsp. Under “All Forms,” search for form CE-200 and then follow the instructions to apply for an exemption on the State’s “New

York Business Express” website. Please note that there are two different applications, one for businesses and one for not-for-profit organizations. Once the contractor receives the CE-200, the form must be signed and submitted by the Contractor to Ontario County. This form is only valid for one year from the date printed on the bottom of the form and a new form must be provided to Ontario County upon expiration.

ii. Form C-105.2, Certificate of Workers’ Compensation Insurance: Form C- 105.2 must be obtained from the contractor’s insurance carrier or the carrier’s licensed agent. Please note, the

State Insurance Fund provides its own version of this form, the U-26.3.

iii. Form SI-12, Certificate of Workers’ Compensation Self-Insurance: Board-approved self-insured employers must obtain this form from the Board’s Self-Insurance Office by emailing selfinsurance@wcb.ny.gov. This form is only valid for one year and a new form must be provided to Ontario County upon expiration.

https://www.wcb.ny.gov/content/main/forms/AllForms.jsp mailto:selfinsurance@wcb.ny.gov

iv. GSI-105.2, Certificate of Participation in Worker’s Compensation Group Self-Insurance:

The contractor must obtain this form from the contractor’s Group Self-Insurance Administrator.

This form is only valid for one year and a new form must be provided to Ontario County upon expiration.

v. NYS Agencies Acceptable Proof: Letter from the NYS Department of Civil Service indicating the applicant is a New York State government agency covered for workers’ compensation under

Section 88-c of the Workers’ Compensation Law and exempt from NYS disability benefits.

14. Disability Benefits Coverage

a. New York State law mandates that municipal entities require their contractors or permit applicants to provide proof of Disability Benefits Coverage OR proof of exemption from providing Disability

Benefits Coverage, in compliance with NY Workers’ Compensation Law §220 (8).

b. To comply with coverage provisions of the Workers’ Compensation Law, contractors must:

i. be legally exempt from obtaining Disability Benefits Coverage; or

ii. obtain such coverage from insurance carriers; or

iii. be a Board-approved self-insured employer for disability benefits.

c. FORMS - Contractors or entities requesting permits from Ontario County must provide one of the following NY State-approved forms to Ontario County. NOTE - ACORD forms cannot be accepted as proof of Disability Benefits Coverage.

i. Form CE-200, Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage: Form CE-200 can be completed electronically on the NY

Workers’ Compensation Board’s website, https://www.wcb.ny.gov/content/main/forms/AllForms.jsp. Under “All Forms,” search for form CE-200 and then follow the instructions to apply for an exemption on the State’s “New

York Business Express” website. Please note that there are two different applications, one for businesses and one for not-for-profit organizations. Once the contractor receives the CE-200, the form must be signed and submitted by the Contractor to Ontario County. This form is only valid for one year from the date printed on the bottom of the form and a new form must be provided to Ontario County upon expiration.

ii. DB-120.1, Certificate of Disability Benefits Insurance: Form DB-120.1 must be obtained from the contractor’s insurance carrier or the carrier’s licensed agent.

iii. DB-155, Certificate of Disability Benefits Self-Insurance: Self-insured employers must contact the NY Office of Self-Insurance at selfinsurance@wcb.ny.gov to obtain Form DB-155.

iv. 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.

https://www.wcb.ny.gov/content/main/forms/AllForms.jsp mailto:selfinsurance@wcb.ny.gov

15. Limitations of Liability / Specific Required Liability Coverages for this Contract

4.2. Automobile Liability

Auto Liability

Any Auto OR $1,000,000

Owned $1,000,000

Hired $1,000,000

Non-Owned $1,000,000

4.3. Professional / Consultant Services

Commercial General Liability **Required for business entities OR services performed on Consultant’s property

Each Occurrence $1,000,000

Fire Damage / Damage to

Rented Premises $50,000

General Aggregate $2,000,000

Products Completed Operations $1,000,000

Personal & Advertising Injury $1,000,000

Medical Expense $5,000

Professional Liability

Each Occurrence $1,000,000

General Aggregate $2,000,000

Cyber Liability (where applicable) $2,000,000

Excess / Umbrella *Required only for

Engineers, Architects, &

Construction Consultants

Each Occurrence $5,000,000

Aggregate $5,000,000

Sexual Abuse and

Molestation (where applicable)

$25,000

Bid Specifications

5.1. Scope of Work

Summary

The County of Ontario, NY is seeking a qualified contractor to provide sample analysis, pickup and transport of samples collected by Ontario County. The contractor will be responsible for pickup, transport and analysis for approximately 30 consecutive weeks. The samples will be collected by Ontario County Monday through

Thursday and will be required to be picked up and transported to the lab for sample analysis a minimum of 2 times per week, and analyzed according to specified standards. The contractor will also be responsible for providing a courier service to transport the samples to the testing facility.

Detailed Specifications

1. Sampling Frequency:Samples will be collected a minimum of twice a week, on Tuesdays and

Thursdays, for approximately 30 consecutive weeks.

2. Analytical Requirements:The contractor will perform the following analyses on the collected samples:ParameterMethodMatrixStandard Turnaround Time (TAT)CBODSM

5210BWater10BDTSSSM 2540DWater10BDAmmonia350.1Water10BDTotal

Phosphorus365.1Water10BDOil & Grease1664AWater10BD

Service Requirements

1. Qualified Personnel:The contractor must provide qualified personnel to perform the sample testing. All personnel must have appropriate certifications and training in environmental sampling and laboratory analysis.

2. Quality Control:The contractor must implement a quality control program to ensure the accuracy and reliability of the analytical results.