Bid #2024-23 Fuel Tank Repair and Maintenance Services_Bid Document___complete.pdf

Putnam Northern Westchester BOCES

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

200 BOCES Drive Yorktown Heights, NY 10598-4399

(914) 248- 2398 FAX (914) 245-4540

E-MAIL: Purchasing@PNWBOCES.org

Don Mahler

Purchasing Agent

BEDFORD BREWSTER BRIARCLIFF CARMEL CHAPPAQUA CROTON-HARMON GARRISON HALDANE HENDRICK HUDSON

KATONAH-LEWISBORO LAKELAND MAHOPAC NORTH SALEM OSSINING PEEKSKILL PUTNAM VALLEY SOMERS YORKTOWN

NOTICE TO BIDDERS

Putnam/Northern Westchester BOCES (hereinafter PNW BOCES) is seeking skilled contractors to provide Fuel Tank Repair and Maintenance Services at PNW BOCES owned facilities located in Westchester County.

Fuel Tank Repair and Maintenance Services

Bid # 2024-23 Bid Due Date: July 16, 2025 11:30 a.m.

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

In the event that PNW BOCES Purchasing Office is closed the day of the Bid Opening, the bid(s) will be opened at the same time, on the next day that the PNW BOCES Purchasing Office is open.

All bids received after the date and time stated in the Notice to Bidders will not be considered and will be returned to the bidder. The bidder assumes the risk of any delay in the mail or delivery service, or in the handling of the mail by employees of PNW BOCES, other than those authorized to receive bids.

PNW BOCES is not responsible for bids opened prior to the time and date of the opening if the identifying information does not appear on the envelope. Bids opened prior to the time and date of the opening are invalid. PNW BOCES, reserves the right to accept each bid by individual item, by category, by groups of items or as a whole, or in its discretion, to reject all bids and re-advertise and rebid. PNW BOCES also reserves the right to waive any informality in the bid process if determined to be in the best interest of PNW BOCES.

Bids opened and read shall remain irrevocable for the contract period. The award of contracts, if at all, shall be made as soon as practicable after the bid opening. Any quantities, if shown, are estimates and not guaranteed.

Don Mahler Purchasing Agent

THIS BID IS IN THREE SECTIONS:

TABLE OF CONTENTS

DESCRIPTION

SECTION A – REQUIREMENTS SECTION

Purpose Scope

Insurance

SECTION A – REQUIREMENTS SECTION

1. PURPOSE

Through this Request for Bids, PNW BOCES seeks a qualified Contractor to provide Repair

services separately when it is believed to be in the best interest of PNW BOCES.

2. SCOPE OF WORK

1. This agreement shall include the following:

a. Inspection, maintenance and repair of fuel dispensing equipment, electronic monitoring systems and fuel storage tanks; and

b. Emergency repair, pumping out and proper disposal of water from fuel storage tanks; and

c. Training for operations and recordkeeping, and

d. Cathodic Anode Protection testing (Alternate).

2. All work shall be performed in accordance with applicable regulatory requirements of the Environmental Protection Agency (EPA), the NYS Department of Environmental Conservation (NYSDEC), Westchester County Department of Health (WCDOH), and any other authority or agency having jurisdiction.

3. Prior to beginning inspections, the Vendor shall, by September 15th of each contract year, submit to PNW BOCES a schedule for the execution off all inspections, preventative maintenance, training and recordkeeping services for the year.

Inspections shall not proceed without an approved schedule.

4. If during any inspection or preventative maintenance any equipment is found to be non-functional, defective, and/or damaged, a quote shall be provided to PNW BOCES for the repair or replacement based on bid pricing.

6. Preliminary Inspections and Field Verifications require that appointments be scheduled with at least 24 hours advance notice and only between the hours of 8:00am and 3:00pm on days that the school is open.

8. PNW BOCES may choose to use all, any or none of the services provided for in this bid, and shall pay only for the services used at the prices bid.

B. Inspection and Preventative Maintenance for Gasoline/Diesel fuel Dispensing and Monitoring Equipment

1. Initial One‐time Inspection‐Gasoline/Diesel: Vendor shall inspect all BOCES owned Gasoline and Diesel Fuel Dispensing & Monitoring facilities for full WCDOH compliance in the first year of this contract. Vendor must generate a report of deficiencies found and an estimate of cost to correct non-conformances. Costs for corrections must be based on bid pricing. All Initial Inspections shall be completed in the first month of the contract and the report issued within 30 days.

If requested by PNW BOCES, the Initial One-time inspection may be repeated in subsequent contract years.

BID UNIT: Fixed fee.

2. Annual System Testing and Certification‐Gasoline/Diesel: Provide an Annual System Functionality Test and Site Certification of the dispensing & monitoring equipment performed by a factory certified equipment technician in accordance with all regulatory agencies’ requirements for electronic tank monitoring of petroleum bulk storage systems. Full and complete inspection, calibration, adjustment, repair, replacement for satisfactory continued service for all electronic petroleum bulk storage tank leak detection & monitoring equipment in accordance with regulatory agencies’ and equipment manufacturer’s requirements including, but not be limited to: panels, remote alarms, overfill alarms, microprocessor cards, microprocessor functions, relays, signal wiring connections, power wiring connections, remote communication connections, probes, sensors, wiring connections & continuity, and conduit/junction box integrity as contained within each system. Repair and replacement items will be paid for on a time and material basis.

BID UNIT: Per System.

3. Four‐Month Preventative Maintenance: Vendor shall provide periodic Preventative Maintenance for Gasoline and Diesel Fuel Dispensing Equipment at four-month intervals. Belt adjustment and or replacement when necessary. Gasket check and replacement when necessary. Calibration check and adjustment when necessary. Filter replacement (if needed). Inspect tanks for water. Visual inspection of all Stage II Vapor recovery components and fuel monitoring system.

Notify the BOCES immediately of water the in tanks and any safety or equipment problems.

BID UNIT: Per System. Payment for a single inspection will be pro‐rated.

C. Inspection and Preventative Maintenance for Heating Oil Storage Monitoring Systems

1. Initial One‐time Inspection‐Heating Oil: Vendor shall inspect all BOCES owned Heating Oil Storage Monitoring facilities for full WCDOH compliance in the first year of this contract. Vendor must generate a report of deficiencies found and an estimate of cost to correct non-conformances. Costs for corrections must be based on bid pricing. All Initial Inspections shall be completed in the first month of the contract and the report issued within 30 days.

If requested by PNW BOCES, the Initial One-time inspection may be repeated in subsequent contract years.

BID UNIT: Fixed Fee.

2. Annual System Testing and Certification‐Heating Oil: Provide an Annual System Functionality Test and Site Certification of the monitoring equipment performed by a factory certified equipment technician in accordance with all regulatory agencies’ requirements for electronic tank monitoring of petroleum bulk storage systems. Full and complete inspection, calibration, adjustment, repair, replacement for satisfactory continued service for all electronic petroleum bulk storage tank leak detection & monitoring equipment in accordance with regulatory agencies’ and equipment manufacturer’s requirements including, but not be limited to: panels, remote alarms, overfill alarms, microprocessor cards, microprocessor functions, relays, signal wiring connections, power wiring connections, remote communication connections, probes, sensors, wiring connections & continuity, and conduit/junction box integrity as contained within each system. Repair and replacement items will be paid for on a time and material basis.

BID UNIT: Per System.

D. Semi – Annual PBS Tank Inspection: Inspection of all above ground (AST) and underground (UST) PBS tanks shall take place at six-month intervals and shall include compliance of signage, tank fill ports, fill port covers, and fill port overfill sumps.

Manholes, containments, overflow sumps and interstitial spaces shall be inspected for liquid and debris.

BID UNIT: Per System. Payment will be pro‐rated per inspection.

E. Unit Pricing:

1. Fill Covers: Correct external color of fill covers for contained materials as identified on their registration permit. If covers are incorrectly identified for material stored, covers shall be correctly identified with epoxy paint.

BID UNIT: Per Cover.

2. Signage: Correct signage within fill port overfill sump and wall-mounted signage identifying correct description (as per WCDOH requirements) of petroleum product and tank capacity for each location. If signage does not agree with petroleum bulk storage permit, or is missing, signage to be corrected or replaced

BID UNIT: Per Sign.

3. Liquid and Debris Removal: Collect, drain-down, cleanup, and legally removal offsite all liquids and/or debris encountered within manholes, containment, sumps and interstitial spaces.

BID UNIT: Labor Rate and Gallons of Disposal.

F. Training and Recordkeeping

1. Training: Provide annual training per Westchester County Sanitary Code Article XXV–Section 873.2536 to staff persons having primary and daily on-site responsibility for the operation and maintenance of storage tanks and dispensing systems, and for staff required to address related emergencies.

BID UNIT: Fixed Fee.

2. Recordkeeping: Vendor shall, in the first year of this contract, establish a comprehensive recordkeeping system for all fuel dispensing equipment, electronic monitoring systems and fuel storage tanks for use by on-site PNW BOCES staff. The recordkeeping system shall provide staff with clear and comprehensive instructions, schedules and forms necessary for documenting inspections and inventories as required by Westchester County Sanitary Code. Staff shall be instructed in the proper use of this established record keeping system.

Vendor shall conduct recordkeeping reviews at four-month intervals and generate a report of observations and recommendations. Provide additional training as necessary to insure regulatory compliance. Recordkeeping review and training shall be conducted regardless of whether the recordkeeping system was established under this contract or previously established by PNW BOCES.

BID UNIT: Fixed Fee.

G. Cathodic Anode Protection Testing (Alternate)

By June 1st of each year of this contract, conduct annual testing of the Cathodic Anode Protection systems of underground fuel storage tanks in accordance with the Westchester County Sanitary Code and with protocol established by the Steel Tank Institute and current EPA Standards. This is an alternate item and may not be awarded with this bid.

BID UNIT: Per System. (Alternate).

H. Time and Materials Rates (T&M)

1. Labor:

a) The hourly rate bid for labor shall include all overhead costs and profit.

b) For projects requiring multiple employees, it is expected that a laborer will be used to perform non-journeyman work, at the hourly rate bid.

c) The only billable time is that in which work is being performed on the site. If the need arises for work to be performed off-site, this work must be approved in advance by PNW BOCES. There will be no payment for travel time. The work and billable time is subject to inspection and approval.

2. Material Markup:

a) Payment will be made only on the portion of material incorporated into the project, with a reasonable allowance for waste, unless otherwise agreed to in writing prior to the purchase.

b) The Contractor will exercise due diligence when purchasing materials intended to be invoiced at cost plus a percentage (%) in order to insure they secure the best value for PNW BOCES.

c) The purchase cost is what the Contractor actually paid, including discounts that are to be passed on to PNW BOCES. Applications for payment must be accompanied by the original paid itemized receipts.

3. Equipment Markup:

a) Equipment, when provided, will be reimbursed on a cost plus rental equipment markup as bid. Payment will be made only for the time the equipment is used on the project unless otherwise agreed to in writing.

b) Rental Equipment: The Contractor will exercise due diligence when renting equipment intended to be invoiced at cost plus a percentage (%) in order to insure they secure the best value for the BOCES. The purchase or rental cost is what the Contractor actually paid, including discounts that are to be passed on to the BOCES/District. Applications for payment must be accompanied by the original paid itemized receipt.

c) Contractor Owned Equipment: The Equipment Markup applies to rental equipment only, and will not be applied to Contractor owned equipment rates.

I. Other Terms and Conditions

1. Locations and Equipment: This agreement applies to Petroleum Bulk Storage facilities for all PNW BOCES owned facilities. A list of fuel tanks and dispensing & monitoring equipment is included in this document. This agreement shall apply to all present and future locations with similar equipment. The types and quantity of equipment and their locations is subject to change.

2. Non‐Emergency Service and Response Time: Same day service, when requested by authorized PNW BOCES personnel, to restore equipment to operation, or to make safe malfunctioning equipment. In no case, shall response time exceed four (4) business hours of initial call.

3. Hourly Charges: Hourly labor rates shall be quoted for both Monday – Friday during regular work hours and after regular work hours. For standard service or repairs, minimum labor time shall be one hour. No travel time is allowed. For water removal, truck with labor rate minimum shall be two hours and no travel time.

Bidder shall quote accordingly.

4. Cancellation: Agreement will be subject to cancellation, by PNW BOCES, without reason, upon thirty days written notice to the Vendor.

5. Exceptions: Any exception to this bid must be clearly noted and fully explained.

Bidder is cautioned however, that any exceptions which are material in nature or which impact the award formula will subject the bid to immediate disqualification.

J. Award

Award will be made to one vendor based on the total cost of the following bid items.

(1) Initial Inspection: Gasoline/Diesel System

(1) Initial Inspection: Heating Oil Systems

(1) Annual System Testing & Cert: Gasoline/Diesel

(1) Annual System Testing & Cert: Heating Oil

(1) Four-Month Preventative Maint.: Gasoline/Diesel

(1) Semi-Annual Inspection: PBS Tanks

(1) Training & Recordkeeping

(1) Weekday pump out of 300 gallons of water (pumping and truck cost)

(1) Petroleum removal & disposal of 500 gallons

(1) 3-hour Labor Charge, based on add’l labor hours; Mon – Fri, 8am – 4pm

(1) 3-hour Labor Charge, based on add’l labor hours; Mon – Fri, 5pm – 8am

(1) 3-hour Labor Charge, based on add’l labor hours; Weekend & Holiday

In the event of an error in a part description or other irregularity relative to a bid item, that item may be eliminated from the Award formula and the award will be made based on the remaining items. PNW BOCES reserves the right to award items separately if it is in the best interest of PNW BOCES to do so.

3. QUALIFICATIONS OF BIDDERS

PNW BOCES may make any investigation necessary to determine the ability of the Bidder to fulfill the Contract(s), and the Bidder shall furnish PNW BOCES with all such information for this purpose as PNW BOCES may request. If, in the opinion of PNW BOCES, the Bidder is not properly qualified or responsible to perform any obligations of the Contract bid upon, PNW BOCES reserves the right to reject its bid.

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

a) Bidder must possess and demonstrate facilities, knowledge and capabilities to satisfy all requirements of this contract.

b) Bidders shall be able to demonstrate at least (5) years of continuous service for the work and services described. It is understood that the bidder will bid only for the labor in which he/she has expertise. References shall be provided as set forth herein. PNW BOCES reserves the right to request additional documentation or information from the bidders as a means of determining qualifications and/or responsibility.

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

d) Bidder must include a reference list, setting forth the names of all school districts/ BOCES served by it with comparable services during the last five (5) years, and shall further set forth the name and telephone number of each business official or other school district liaison/ individual with respect to this item.

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

f) Bidder must be financially responsible, as demonstrated by:

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

ii. A satisfactory credit history as evidenced by a review that may be made by PNW BOCES.

iii. Work performance.

iv. Such other information as PNW BOCES, in its sole discretion, determines is relevant to the responsibility of the bidder.

g) Upon investigation of any references and information submitted by the bidder, PNW BOCES reserves the right to reject any bid where it is found that the bidder’s qualifications are not consistent with the information presented.

h) Contractor must provide copies of all applicable Federal & State licenses required to perform the services in the scope of this bid.

i) Contractor shall submit a resume of experience, list of current clients, key technical staff, principal’s name and telephone number, and references as deemed feasible.

4. BID PROCEDURES AND REQUIREMENTS

I. BID PACKAGE: Bids will be received at 200 BOCES Drive, School Services Building,

amounts will be read aloud.

Bidder must submit with the bid:

• Proof of Insurance

• Bid Sheet

• Piggybacking

• Bidder Certification

• Bidder Information and Reference Form

• Vendor Responsibility Questionnaire

• Indemnification Agreement

• Hold Harmless Statement

• Non-Collusive Statement

• Iran Divestment Statement

• Non-Discrimination Statement

• General Municipal Law Section 103-g Statement

• ACH Enrollment Form

• W9 Form

best interest of PNW BOCES.

Bidder may be required to submit evidence that they possess the necessary equipment, experience and means to satisfactorily perform and render the work and service herein described. PNW BOCES, in its sole discretion, shall determine the adequacy of equipment, experience, and means.

No interpretation of the meaning of the specifications or other contract document will be made to any Contractor orally. Every request for such interpretation should be made in

II. PREVAILING WAGE REQUIREMENTS: PRC# Each Contracting Agency MUST obtain their own PRC# from NYS Bureau of Public Work. Prevailing wages must be paid and certified payroll records must be submitted to PNW BOCES/District for all Article 8 and Article 9 work as per Labor Law Section 220. The Contractor agrees that all wages paid for performance of this work shall be at the prevailing wage rates established by State and Federal regulations. As amended by chapter 565 of the Laws of 1997, the New York Labor Laws now require that every Contractor submit to the department of jurisdiction within thirty (30) days after issuance of it first payroll, and every thirty (30) days thereafter, a transcript of the original payroll record. In addition, each month a copy should also be submitted in the monthly invoice to PNW BOCES. Furthermore, wage schedules and certified payroll templates may be found on the New York State Department of Labor website.

III. DISCREPANCIES: Discrepancies and questions related to the bid documents and specifications must be brought to the attention of the Purchasing Agent by means of a question posted on www.bidnetdirect.com before submission of the bid. Failure to obtain clarification in writing shall not relieve the Contractor of performing the normal good practice of the industry.

SECTION B – INFORMATION SECTION

1. BID GENERAL CONDITIONS

All invitations to bid issued by PNW BOCES will bind bidders and successful bidders to the conditions and requirement set forth in these general conditions and such conditions shall form an integral part of each contract awarded by PNW BOCES.

A. DEFINITIONS

"PNW BOCES" shall be the legal designation of the Board of

Cooperative Educational Services, Putnam/Northern Westchester Counties.

"Board" The Board of Education.

"Bid" an offer to furnish materials, supplies and/or equipment in accordance with the invitation to bid, the general conditions and the specifications.

"Bid Sheet" the form on which the bidder submits his bid.

"Bidder, Contractor, Vendor" any individual, company or corporation submitting a bid.

"Successful Bidder" any bidder to whom an award is made by BOCES.

"Specification" description of contract work to be done.

B. BIDS

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

2. All bids must be submitted on and in accordance with forms provided by the Board.

3. All bids received after the time stated in the Notice to Bidders may not be considered. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of PNW BOCES. Whether sent by mail or by means of personal delivery, the bidder assumes the responsibility for having bid deposited on time at the place specified.

4. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the services, supplies, materials, or equipment required and a representation that the bidder can furnish the services, supplies, materials or equipment satisfactorily in complete compliance with specifications.

Furthermore, the Bidder represents it is acquainted with work site conditions under which the contract work is to be performed.

5. Prices and information required, except signature of bidder, should be typewritten or printed clearly. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

6. No charge will be allowed for federal, state, or municipal sales and excise taxes since the school District and PNW BOCES are exempt from such taxes.

7. In all specifications, the words "or equal" are understood after each article giving manufacturer's name or catalog reference, or on any patented article. The decision of PNW BOCES as to whether an alternate or substitution is in fact "equal" shall be final. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer's name and detailed specifications of item he proposes to furnish. Otherwise, bid will be construed as submitted on the identical item as specified

8. Under penalty of perjury, the bidder certifies that:

(a) The bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids and,

(b) The contents of the bid have not been communicated by the bidder, nor to its best knowledge and belief, by any of its employees or agents to any person not an employee or agent of the bidder, or its surety, on any bond furnished herewith prior to the official opening of the bid.

10. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the Purchasing Agent. Notice of any and all such interpretations and any supplemental instructions will be published on www.bidnetdirect.com, in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.

11. The Contractor has the burden to provide proof that all insurance certificates, permits, licenses, franchise agreements, etc. have been renewed and are up to date.

Failure to do so may disqualify the Contractor from bidding.

C. AWARD

12. PNW BOCES reserves the right to reject all bids. Also, reserved is the right to reject, for cause, any bid in whole or in part to waive technical defects; qualifications;

irregularities, and omissions if in its judgement the best interests of PNW BOCES will be served.

13. PNW BOCES at its discretion, may choose to award all, part, or none of this work as a result of this bid. PNW BOCES reserves the right to award the contract in its entirety or may at its discretion and in its best interest, award to more than one

Contractor. Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

14. PNW BOCES reserves the right to make awards within (60) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in his bid that acceptance thereof must be made within a shorter specified time.

15. If the Contractor, prior to submission of his bid, fails to notify PNW BOCES in writing of the existence of any condition, ambiguity, inconsistency or error in any of the contract documents, or of a conflict between provisions in a contract document and provisions of a State Law or applicable code, their bid will be conclusively presumed to be based upon the interpretation of such ambiguity or inconsistency, or the directions correcting such error or conflict which may subsequently be given.

16. In the event of conflict, ambiguity and/or unclear circumstances between any of the requirements of the Contract Documents, the requirement that is most inclusive and of highest quality, quantity, and/or cost shall govern. The Contractor shall (1) provide the better quality or greater quantity of work and/or (2) comply with the more stringent requirement; either or both in accordance with PNW BOCES Representative’s interpretation. The Contractor herewith agrees that no extra compensation shall be awarded to the Contractor based upon a claim of conflict, ambiguity or unclear circumstances in the Contract.

2. CONTRACT CONDITIONS

1. Each bid will be received with the understanding that the acceptance thereof in writing by Purchase Order or letter by PNW BOCES, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and PNW BOCES. The contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. The contract shall bind PNW BOCES on its part to order from such successful bidder (except in the case of emergency) and to pay for at the contract prices.

2. The placing in the mail of a Notice of Award or Purchase Order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract.

3. If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by PNW BOCES, or fails to make replacement of rejected work when so requested, immediately or as directed by PNW BOCES, PNW BOCES may contract with other sources. On all such contracts, the successful bidder agrees to reimburse PNW BOCES promptly for any excess costs.

4. The quality of service, including Contractor records, shall be subject to inspection by PNW BOCES at any time. Should it be found that quality of services being performed is not satisfactory, or that requirements of the specifications are not being met, PNW BOCES may terminate the Contract for cause and employ another Contractor to fulfill the requirements of the Contract.

5. Cancellation of contract for any reason may result in removal of the successful bidder's name from mailing list for future proposals.

6. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contracts, to any other person, company, or corporation without the previous written consent of PNW BOCES.

7. The successful bidder guarantees to furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.

8. In accordance with Section 220 of the New York Labor Law, the Industrial Commissioner, Department of Labor, State of New York, the prevailing rates of wages, including supplemental benefits thereto are to be provided to workers, laborers and mechanics employed on public work projects at the time the work is being performed by the successful vendor. A rate schedule for this project is available from the New York State Department of Labor and will also be attached to the award.

9. Certified Payroll Reports must be submitted with request for payment.

10. In accordance with Labor Law 220-h of the New York Labor Law, every worker performing work on a public work contract in excess of $250,000 (two hundred fifty thousand dollars) must be certified as having completed an OSHA 10 safety training course prior to performing any work on the project. All contractors and subcontractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. Proof of completion may include but is not limited to copies of a bona fide course completion card, training roster, attendance record, or other documentation from the certified trainer pending issuance of card.

11. Contractor shall assume all obligations to hold the Board of Trustees free and harmless from every expense, liability or payment by reason of any injury to any person or persons, suffered by reason of or through any act or omission of the contractor in the performance of the work and as otherwise set forth and agreed to pursuant to the defense, indemnity and hold harmless agreement attached hereto, which form must be filled out by the contractor and provided with the bid proposal.

12. It is understood that this Contract in no way excludes PNW BOCES/District from using its own forces, or services provided by other School Districts or BOCES, or in any way limits PNW BOCES from using other contractors in performing similar or other services. PNW BOCES reserves the right to furnish parts and materials if it deems it to be in its best interest.

13. Contractor shall be legally responsible for compliance with all state, federal or local laws, regulations or ordinances relating to the job.

conditions of this primary contract.

15. All labor shall be performed by the trade person(s) skilled in the trade they are performing. At the time of the bid, the Contractor and the trade person(s) performing the work must possess the appropriate licenses, certifications and training necessary to perform work covered under this contract. Documentation shall be made available to PNW BOCES on request.

16. Contractor shall not employ individuals or means which may cause stoppage or delay in the work under this Contract or that of any Contractor or any work in or about the premises of the buildings or any building or premises under the control of

PNW BOCES.

17. Upon request, PNW BOCES representatives shall be provided with work logs and certified payroll records for all personnel engaged in any contract work during any phase of this agreement.

18. The Contractor shall furnish adequate supervisory and labor personnel to ensure the project is completed according to the agreed upon schedule. PNW BOCES reserves the right to reject and bar from the facility any employee hired by the Contractor.

19. PNW BOCES will not be responsible for receiving deliveries, or for the loss, theft, or damage of materials, supplies or other items belonging to the Contractor. Stored materials shall be the responsibility of the Contractor until they are installed or accepted by PNW BOCES.

20. Work areas shall be clearly delineated and access restricted if necessary in a manner acceptable to PNW BOCES. The Contractor is responsible to protect their work and secure their work area(s) to prevent injury and vandalism.

21. Contractor shall protect all persons and property from odors, dust and other environmental hazards resulting from contract related activities.

22. Contractor shall protect from damage the property upon which the work is to be done as well as surrounding properties and if any damage occurs shall, at contractor’s own expense, repair or otherwise make good such damage to the entire satisfaction of PNW BOCES. Old materials are the property of the Contractor unless otherwise specified.

23. Work performed under this agreement must be scheduled to avoid the interruption of PNW BOCES operations, and contact with students and staff.

24. Contractor shall strictly adhere to work hour restrictions in place at the time of construction. The Superintendent or Designee may stop work at any time in case of emergency or if it is determined that the construction operations are interfering with or causing an unsafe condition, in which case there will be no claim for delay.

25. The Contractor shall agree to establish security procedures and guidelines subject to PNW BOCES approval. The Contractor shall provide all employees with identification acceptable to PNW BOCES to be worn at all times while on PNW BOCES property and will confine the movement of its personnel to areas where the work is being performed.

26. The Contractor is required to provide employees with safety training and shall require its personnel to wear the appropriate protective clothing and personal protection equipment as required under applicable laws and best practice, the cost of which shall be included in the labor rates.

27. Guarantees or warrantees of the work performed and materials used shall be provided for a period of one year. If the manufacturer of any materials and/or equipment provides a warranty of more than one year, the Contractor shall provide to PNW BOCES a warranty equal in length to that of the manufacturer’s warranty.

Repair and/or replacement of, in the event of defects, shall be at the sole and total expense of the Contractor.

28. Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish generated by their employees or work. At the end of every day/shift, work areas shall be cleaned, and materials, tools and equipment stored in a place and manner acceptable to PNW BOCES. At the completion of the work, the Contractor shall remove all rubbish and surplus material from the site and legally dispose of it, leaving the work area clean and ready for use.

29. Contractors may not utilize any asbestos containing materials and may not disturb any existing asbestos containing material. Prior to working in an area where the Contractor suspects the presence of asbestos, Contract must notify PNW BOCES representative to discuss the procedures to be followed.

30. It is the Contractor’s responsibility to supervise contracted labor. It is the Contractor’s responsibility to receive and store materials unless previously agreed to prior to the start of the project. Materials shall be received and stored by the Contractor. Materials stored on site shall be the responsibility of the Contractor until they are installed and accepted by PNW BOCES.

31. Every effort will be made to schedule construction to ensure a continuous operation to the benefit of the Contractor; however, the Superintendent or Designee may stop work at any time in case of emergency or if it is determined that the construction operations are interfering with or causing an unsafe condition for the students and staff, in which case there will be no claim for delay.

32. To establish a payment value for the use of labor, material and equipment that is not included in other bid items there will be a ‘cost pus’ percentage section of the bid sheet. These rates are for the performance of work not explicitly included in these specification but within the scope of the bid.

33. Work performed on a ‘cost plus’ pricing basis must be identified and the scope agreed upon with PNW BOCES prior to the start of the work, otherwise all labor, materials and equipment used for a project will be assumed to be included in the unit bid prices and no additional payment will be made.

34. Work performed on a ‘cost plus’ pricing basis shall have a dated work ticket indicating the time, material and equipment furnished on that date. The work ticket shall be signed by a BOCES O&M employee on the date the work is performed.

35. Back-up documentation is required for payment of ‘cost plus’ items. Examples of acceptable forms of documentation are listed below. The decision of BOCES as to whether back-up documentation is acceptable shall be final.

36. LABOR: Certified Payroll

37. MATERIAL: The Contractor will exercise due diligence when purchasing materials intended to be invoiced at cost plus a percentage (%) in order to insure they secure the best value for BOCES. Applications for payment must be accompanied by the original paid itemized receipt. Payment will be made only on the portion of material incorporated into the project unless otherwise agreed to in writing prior to the purchase.

38. EQUIPMENT: Payment will be made only for the time the equipment is used on the project unless otherwise agreed to in writing. Equipment rate shall not include the operator rate, which shall be paid under labor.

39. Rental Equipment: The Contractor will exercise due diligence when renting equipment intended to be invoiced at cost plus a percentage (%) in order to insure they secure the best value for the BOCES. Applications for payment must be accompanied by the original paid itemized receipt.

INSURANCE REQUIREMENTS

MAINTENANCE, REPAIR AND SERVICE PROVIDERS

1. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor hereby agrees to effectuate the naming of Putnam-Northern Westchester BOCES (hereinafter referred to as "PNW BOCES") as an Additional Insured on the contractor's insurance policies, except for Workers' Compensation and NY State Disability insurance.

2. The policy naming PNW BOCES as an Additional Insured shall:

a. Be an insurance policy from an A.M. Best A-rated or better insurer, licensed to conduct business in New York State. A New York licensed and admitted insurer is required.

b. State that the organization's coverage shall be primary and non-contributory coverage for PNW BOCES, its Board, employees and volunteers with a waiver of subrogation in favor of PNW BOCES for all coverages including Workers' Compensation.

c. Additional insured status shall be provided by standard or other endorsements that extend coverage to PNW BOCES for ongoing operations (CG 20 38) or equivalent and completed operations (CG 20 37) or equivalent. The decision to accept an endorsement rests solely with PNW BOCES. A completed copy of the endorsement must be attached to the Certificate of Insurance to include General Liability, Auto Liability and Umbrella/Excess coverages.

d. There will be coverage restrictions and/or exclusions involving New York State Labor Law statutes or gravity related injuries.

e. No policies containing escape clauses or exclusions contrary to the Owner's interests will be accepted.

3. a. The certificate of insurance must describe the services provided by the maintenance, repair or service provider that are covered by the liability policies.

b. At PNW BOC ES' request, the maintenance, service or repair provider shall provide a copy of the declaration page of the liability policies with a list of endorsements and forms. If requested, the maintenance, service or repair provider will provide a copy of the policy endorsements and forms.

4. The maintenance, repair, or service provider agrees to indemnify PNW BOCES for applicable deductibles and self-insured retentions.

1IPa g e

5. Minimum Required Insurance:

a. Commercial General Liability Insurance $1,000,000 per Occurrence/$2,000,000 Aggregate $2,000,000 Products and Completed Operations $1,000,000 Personal and Advertising Injury $100,000 Fire Damage $10,000 Medical Expense The general aggregate shall apply on a per-project basis.

b. Automobile Liability $1,000,000 combined single limit for owned, hired, borrowed and non-owned motor vehicles.

c. Workers' Compensation and NYS Disability Insurance Statutory Workers' Compensation (C-105.2 or U-26.3); and NYS Disability Insurance (DB-120.1) for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers' Compensation Board. ACORD certificates are not acceptable. A person seeking an exemption must file a CE-200 Form with the state.

The form can be completed and submitted directly to the WC Board online.

d. Umbrella/Excess Insurance

$3,000,000 each Occurrence and Aggregate coverage.

$10,000,000 each Occurrence and Aggregate for high risk construction, work at elevation (>1 story or 10 feet) and/orfor project values greater than $1,000,000.

Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the General Liability and Auto Liability coverages.

e. Garage Liability & Garagekeepers Insurance (where applicable) $1,000,000 limit for garage operations; minimum of $75,000 per vehicle for Garagekeepers liability. The policy shall include coverage for all garage operations of the service provider, including premises and operations, products and completed operations and Garagekeepers liability coverage.

6. The maintenance, repair or service provider acknowledges that failure to obtain such insurance on behalf of the PNW BOC ES constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to PNW BOCES. The maintenance, service or repair provider is to provide PNW BOCES with a certificate of insurance, evidencing the above requirements have been met. The failure of PNW BOCES to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any rights held by PNW BOCES.

21Pag e

PUTNAM NORTHERN WESTCHESTER BOCES

200 BOCES Drive

Yorktown Heights, NY 10598

BID SHEET

BID #2024-23

YEAR 1 ‐ September 1, 2025 – August 31, 2026

Company Name:________________________________________________________

Initial One-time Site Inspection:

- Gasoline/Diesel Systems Fixed Fee _________

- Heating Oil Systems Fixed Fee _________

Annual System Functionality Test and Site Certification

- Gasoline/Diesel Systems Per System _________

- Heating Oil Systems Per System _________

Four-Month Preventative Maint.: Gasoline/Diesel Per System _________

Semi – Annual Inspection: PBS Tanks Per System _________

Training Fixed Fee _________

Recordkeeping Fixed Fee _________

Cathodic Anode Protection Testing Alternate Per System _________

Painting of Fill Port Cover Per Cover _________

Replacement of Required Fill Port Signage Per Sign _________

Replacement of Required Wall-mounted Signage Per Sign _________

BID SHEET 1 of 2

Hourly Labor Rates Certified Technician for Services:

Monday – Friday, 8am – 5 pm (non‐holiday)

First Hour on Location Per Hour _______________

Additional Hours on Location Per Hour _______________

Monday – Friday, 5 pm – 8 am (non‐holiday)

First Hour on Location Per Hour _______________

Additional Hours on Location Per Hour _______________

Weekends and Legal Holidays ‐ All Hours

First Hour on Location Per Hour _______________

Additional Hours on Location Per Hour _______________

Monday‐Friday 8am ‐ 5pm (non‐holiday)

Vacuum Truck & all Labor (2 hour minimum) Per Hour _____________

Water Removal & Disposal: Add’l. Gallon Charge Per Gal _____________

Petroleum Removal & Disposal: Add’l Gallon Charge Per Gal _____________

Debris Removal & Disposal: Add’l Cubic Foot Per CF _____________

Above Cost Markups:

Labor markup - % above prevailing wage Mark up ___________%

Material markup - % above cost Mark up ___________%

Rental equipment markup - % above rental rate Mark up ____________%

Please complete and return both pages OF THE Bid Sheet.

Representative: ______________________ Signature: ________________________ (print)

Telephone Number: ______________________ Date: _____________________

BID SHEET 2 of 2

Yorktown Heights, NY 10598

BID SHEET

BID #2024-23

YEAR 2 ‐ September 1, 2026 – August 31, 2027

Company Name:________________________________________________________

Initial One-time Site Inspection:

- Gasoline/Diesel Systems Fixed Fee _________

- Heating Oil Systems Fixed Fee _________

Annual System Functionality Test and Site Certification

- Gasoline/Diesel Systems Per System _________

- Heating Oil Systems Per System _________

Four-Month Preventative Maint.: Gasoline/Diesel Per System _________

Semi – Annual Inspection: PBS Tanks Per System _________

Training Fixed Fee _________

Recordkeeping Fixed Fee _________

Cathodic Anode Protection Testing Alternate Per System _________

Painting of Fill Port Cover Per Cover _________

Replacement of Required Fill Port Signage Per Sign _________

Hourly Labor Rates Certified Technician for Services:

Monday – Friday, 8am – 5 pm (non‐holiday)

First Hour on Location Per Hour _______________

Additional Hours on Location Per Hour _______________

Monday – Friday, 5 pm – 8 am (non‐holiday)

First Hour on Location Per Hour _______________

Additional Hours on Location Per Hour _______________

Weekends and Legal Holidays ‐ All Hours

First Hour on Location Per Hour _______________

Additional Hours on Location Per Hour _______________

Monday‐Friday 8am ‐ 5pm (non‐holiday)

Vacuum Truck & all Labor (2 hour minimum) Per Hour _____________

Water Removal & Disposal: Add’l. Gallon Charge Per Gal _____________

Petroleum Removal & Disposal: Add’l Gallon Charge Per Gal _____________

Debris Removal & Disposal: Add’l Cubic Foot Per CF _____________

Above Cost Markups:

Labor markup - % above prevailing wage Mark up ___________%

Material markup - % above cost Mark up ___________%

Rental equipment markup - % above rental rate Mark up ____________%

Please complete and return both pages OF THE Bid Sheet.

Representative: ______________________ Signature: ________________________ (print)

Yorktown Heights, NY 10598

BID SHEET

BID #2024-23

YEAR 3 ‐ September 1, 2027 – August 31, 2028

Company Name:________________________________________________________

Initial One-time Site Inspection:

- Gasoline/Diesel Systems Fixed Fee _________

- Heating Oil…