Bid Notice.pdf

OTSEGO COUNTY BOARD OF REPRESENTATIVES

COUNTY OFFICE BUILDING

197 MAIN STREET

COOPERSTOWN, NEW YORK 13326-1129

PHONE: (607) 547-4202 FAX: (607) 547-4260

BID REFERENCE: OTGOV-023-26

Date: July 28, 2026

BID PROPOSAL

Sealed bids for furnishing Refrigeration & HVAC Repair and Maintenance for Otsego County will be received at the Office of the Purchasing Director, 421 Montgomery Street, Syracuse, NY 13202 until two (2) o’clock P.M. (local time) on August 20, 2026.

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

No bid security is required.

No performance security is required.

Bidders must submit bids in a securely sealed envelope that is clearly marked with your company name, and the date the bid is due when submitting their proposals. Envelopes must be sealed when submitted. Faxed bids are unacceptable.

Prebid meeting/site tour

DATE/TIME 8/4/26 9:00 AM

Otsego County Court House 193 Main Street Cooperstown, NY 13326

After the Court House is reviewed, the prospective bidders will then follow Otsego County Building Services staff to the other sites to review the equipment at those locations.

While attendance is not mandatory, bidders’ attendance at this meeting is strongly recommended to understand the scope of the project. This will be the only opportunity to view the sites.

Required for Otsego County Building Services

Daniel Hammer Director

TO: THE COUNTY OF OTSEGO, COOPERSTOWN, N.Y. 13326

The undersigned having a principal place of business at the address listed below and being experienced and responsible for the performance of the same, agrees to furnish and deliver Refrigeration & HVAC Repair Services to the Otsego County Department of Building Services at the unit price as herein stated and in accordance with the attached specifications.

The attached Non-Collusion Statement must be signed and attached to the bid.

All prices must be firm for 60 days.

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

Do not detach the specifications from this form.

All bidders must submit their bid proposals on the accompanying forms. Make no changes or additions to these forms.

DATED: _____________

BIDDER: _________________________________

BY: ___________________________________

SIGNATURE

TITLE: __________________________________

ADDRESS: ______________________________

TELEPHONE NO.: ( ) __________ FAX NO.: ( ) ____________

SPECIAL CONDITIONS

Term: The duration of the resulting contract shall be from October 2, 2026, through October 1, 2027.

Renewal: The contract may be renewed under the same terms and conditions for two (2) additional one (1) year periods upon written consent of both parties.

Extension: The County reserves the right to extend the period of the contract sixty (60) days beyond the specified expiration date of the contract.

Payment Payments will be made with the PeopleSoft Purchase Order, receipts, vendor’s original invoice and voucher.

Bid Results: Bid results will be available on our website by 3 PM on the date of the bid opening. Go to www.ongov.net, follow the departmental link to “Purchasing”, select the “Bid Results” tab on the left, then follow the instructions. Please be sure to have the Bid Reference number available.

Contact Person: Please address any and all questions, in writing, to Deborah Magaro-Dolan, Specification Writer, Division of Purchase at deborahmagarodolan@onondaga.gov, by close of business August 7, 2026.

Award: Award will be made to the lowest responsive and responsible bidder or bidders whom, by group or by item, meet all of the terms and conditions of the specifications.

Contractor Responsibilities: The contractor warrants that all services performed herein under shall be the kind and quality necessary to assure performance of the products used in accordance with the manufacturer’s published specifications.

References: Bidders shall submit with their bid, a list of three companies where they are or have performed similar work as this request.

Warranty: Contractor shall furnish a written guarantee of the products against all defects due to faulty or imperfect workmanship and materials for a period of at least 90 days on all repairs, parts and labor. If the manufacturer’s standard warranty is longer, then that shall apply. No deductible shall be allowed during the 100% warranty period.

Contractor’s Equipment: Contractor is responsible for securing all equipment each day to the satisfaction of the building supervisor. Contractor’s equipment/materials may be stored onsite in a location designated by the Owner. It is to be out of the way of the public and staff. While working, Contractor’s equipment/materials/supplies shall not be placed in an area where it causes a hazard to the public or the employees.

Work Area: Contractor is responsible for all necessary precautions to protect themselves, surrounding areas, architectural elements, and the building. These should include but not be limited to the use of appropriate respirators, adequate ventilation and covering surrounding areas. Contractor is responsible for daily cleanup of their work areas and any damages from their work activities. At the completion of the entire project, Contractor shall clean area and remove all trash.

SPECIAL CONDITIONS (cont.)

Concerned Agencies: Contractor shall notify and make arrangements with all utility companies and all State and local officials concerned regarding the prosecution of the work as it affects their interests, laws and ordinances or existing services located at the site and shall carry out his or her work in a manner approved by them.

Damage: All damage, injury or loss to the property caused directly or indirectly, in whole or in part, by the Vendor/Supplier, the Sub-Vendor/Suppliers, suppliers, or anyone directly or indirectly employed by any of them, shall be restored by the Vendor/Supplier to a condition similar and equal to that existing before damage or injury was done.

The Vendor/Supplier shall restore at his/her own expense, any property damaged or injured during prosecution of the work or in consequence of any act or omission on his/her part, or on the part of his/her employees or agents to a condition equal or better than that existing before such injury or damage was done. If the Vendor/Supplier neglects to restore or make good such damage or injury, the Owner may upon 48 hours written notice, proceed to restore or make good such damage or injury and to order the cost thereof deducted from any funds that are due or may become due the Vendor/Supplier.

Prevailing Wage Rates: NYS prevailing wage rates apply to this project. PRC# 2026020631

Public Work Contractor and Subcontractor Registry: All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors need to register before submitting any new bids or commencing new work on an Article 8 project.

Bidders are required to submit with their bid the Certificate of Registration. Failure to submit the Certificate of Registration may render the bidder non-responsive and the bid could be disqualified.

OSHA requirements: The Contractor shall be solely responsible for complying with the requirements of all applicable Federal and State Occupational Safety and Health Act provisions and requirements of any and all other laws, rules and regulations pertaining to employee health, safety, and accident prevention.

SPECIAL CONDITIONS (cont.)

Price Adjustments The County recognizes this product or service has a price component that may have a commodity with changing costs. The Contractor/Supplier may request a Price Adjustment no more frequently than once each quarter (3-month period).

A Price Adjustment request must be made in writing and include the reason for the request, documentation supporting the request (i.e., commodity increases), the current pricing, and the requested revised pricing.

The County will review the Price Adjustment request. If the Price Adjustment is deemed reasonable the Price Adjustment request will be accepted by written acknowledgement. If the request is not accepted the County may entirely reject the request or may counter with revised pricing. In either case the County will provide a written explanation in support of the decision.

The Director of Purchasing may use available indexes (e.g., CPI or PPI) to determine if the requested Price Adjustment is reasonable. Typically, a Price Adjustment that exceeds 5% will not be approved unless very unusual and significant changes have occurred in the industry.

In the event industry costs decline, the County shall have the right to receive, from the Contractor, a reasonable reduction in prices/pricing that reflect such cost changes in the industry. The Contractor will notify the County promptly of any Price Adjustment that decreases costs (i.e., commodity decreases). The County will make a written request to the Contractor for a Price Adjustment in writing with supporting documentation.

MINIMUM SPECIFICATIONS

Scope: Furnish all labor, equipment, parts, and materials to repair HVAC equipment and refrigeration equipment installed in Otsego County Owned buildings. This is on an as needed basis.

Exclusions: the Contractor is not responsible for replacing lost refrigerant unless refrigerant is lost directly due to the contractor’s actions. Refrigerant will be replaced as an additional cost to the Owner.

Note: If a piece of HVAC equipment is deemed un-repairable by the Owner, the Contractor will not be responsible for repairing it. The Owner solely shall make this determination. The Contractor shall annually prepare a list of equipment in this contract that is recommended for replacement.

Note: Replacing damaged or worn-out compressors, pumps, motors, evaporators, and condensers will be separately procured by the Owner utilizing the awarded unit prices in the resulting contract.

Note: The contractor is not responsible for replacing damaged or worn-out evaporators and condensers. This work will be separately procured by the Owner utilizing the unit prices in this contract

Note: Otsego County will not pay for mileage to service calls.

Note: Equipment may be added or taken away from the contract at any time.

Refrigerants, Lubricants and Chemicals:

Use of and replacement of all refrigerants, lubricants, and chemicals shall be done in the manner dictated by Federal, State, and Local laws and regulations in effect throughout the duration of this contract. This includes but is not limited to C.F.C. regulations. Use of reclaimed refrigerants shall be in accordance with ARI-700 standards. The contractor shall be responsible for certification of and compliance with ARI-700 specifications for all reclaimed refrigerants.

Handling and Disposal of refrigerants, lubricants, and chemicals shall comply with all environmental protection laws and in accordance with industry standards for such work and will include, but not be limited to, handling, storage, transportation, containment of same.

Service technicians will be fully certified for training and handling of refrigerants and chemicals.

Replacement Parts and Components:

All replacement parts and components will be manufacturer’s original equipment parts or approved equal.

All replacement parts and components will be stocked locally or must be available by air freight within

72 hours. All costs, including freight, to be included in the contract.

All weak or worn parts are to be replaced as needed prior to the end of the contract. All covered equipment is expected to be in good working order at the end of each annual contract period.

Emergency Service – This coverage includes emergency calls between inspections as required for purpose of diagnosis of trouble, adjustment, minor repairs, or resettling of controls.

Replacement Parts and Components – All parts, refrigerant, oil and other material to complete repairs are furnished under the provisions of the agreement. Used materials shall be disposed of by Contractor in accordance with local laws.

Major Repair Labor – This includes all labor to diagnose, repair or replace failed components of the equipment covered as specified in this agreement.

MINIMUM SPECIFICATIONS (cont.)

Specific Services – Chiller HVAC Repairs:

Repairs shall include:

Check for leaks and water flow.

Check and adjust oil pressure as recommended by the manufacturer.

Check chiller operations versus manufacturer’s recommendations.

Check starter and electrical connections.

Check unit thoroughly for refrigerant leaks.

Check and calibrate safety and operating controls.

Meg test motors.

Check and tighten all electrical terminals and check contact for wear.

Check oil level in compressor and add as required.

Tighten motor terminals and control panel terminals.

Check crankcase heater.

Check external interlocks, flow switch as well as condenser and chilled water pumps.

Start Unit – check controls and calibrate.

Check operation and refrigerant pressures.

Check starter operation, voltage, and current.

Report on need for component repair to keep equipment in good operating condition.

Specific Services – Large HVAC System Repairs:

Repair as needed the equipment in this group.

Check and adjust operating and safety controls Check operation of crankcase heater.

Check compressor oil level and add as required.

Check operation of control circuit.

Check operating log with operator, discuss operation of the machine generally.

Check water/air flow of evaporator and condenser.

Check superheat.

Check operation of all motors and starters.

Specific Services – Small HVAC System Repairs:

Check operations of disconnects Check crankcase heaters Sequence test unit Test safety and operational controls Check for refrigerant and oil leaks Inspect blower wheels

General HVAC unit Specs for the various Otsego County Communication Tower Sites

“Bard” 5.0-Ton (W60A Series) Cooling Capacity: 55,000 to 57,000 BTUs Standard Refrigerant R-410A Weight 505 – 525 LBS Electrical: 41 Minimum Circuit Amps / 60 amp Max breaker

Service Reports: Contractor shall provide a written service report to the Director of Buildings Services each time each piece of HVAC equipment is repaired.

Response Time: For emergency repair situations determined by Otsego County, a repair person must be on the site within four (4) hours following notification. In non-emergency situations, a repair person must be on site within twenty-four (24) hours following notification during regular business days.

Bidder Requirements:

Bidders must have the following items to be qualified for these contracts:

Adequate vehicles equipped with tools, testing equipment, and repair parts to service the HVAC equipment.

Experienced staff trained and certified to work on the HVAC equipment listed in the specifications.

The ability to respond to emergency and routine calls twenty-four (24) hours a day, seven (7) days a week to repair and service the HVAC equipment.

The ability to quickly obtain repair and maintenance parts and the ability to maintain a sufficient inventory of commonly needed spare parts that is satisfactory to the County.

Experience: Bidders shall have been in business a minimum of five (5) years performing similar work for municipal, commercial, or institutional accounts of this size or larger. Technicians performing work under this contract must have three (3) years minimum experience working on the type of equipment specified.

Materials: The bidder shall provide a discount from list for any materials required. The price list shall be provided to the County upon request.

NOTE: NO MINIMUM CHARGE AND NO ADDITIONAL CHARGE WILL BE ALLOWED FOR TRAVEL

TIME.

Equipment list: The following is a listing of the equipment, owned by Otsego County, to be repaired and serviced/maintained as part of the resulting contract.

Please note this list could be added to or items could be removed at any time as deemed necessary by the Otsego County Building Services Department.

Site Name Site Address Equipment Otsego County Office Building 197 Main St., Cooperstown, NY 4 split AC only units Otsego County Court House 193 Main St., Cooperstown, NY 2 (two) Split Heat Pumps, 1 (one)

Large Format Chilled Water- Cooling System

Otsego County The Meadows Office Complex

140 County Hwy 33 W, Cooperstown, NY

1 RTU AC/Propane 1 split AC unit supports 911

Otsego County Public Safety Building

172 County Hwy 33 W, Cooperstown, NY

1 (one) mini Split with RT Compressor supporting the IT closet, 7 AC/Propane RTUs heating and cooling Civil side and Corrections side, 1 (one) MUAU with propane heat above Corrections kitchen, 1 (one) ice machine

Otsego County Central Kitchen 170 County Hwy 33W, Cooperstown, NY

3 (three) reach-in coolers, 1 (one) walk-in freezer with two condenser/compressors units and separate evaporators, 1 (one) walk-in cooler with two condenser/compressors units and separate evaporators, 1 (one) ice machine

Otsego County Satellite Office Building

242 Main St., Oneonta, NY 4 RTU HVAC natural gas heat

Phoenix Orchards (Tiny Homes) 156 County Hwy 33W Cooperstown, NY

One Geothermal Unit that supports 10 separate Tiny Homes and a Community center.

Otsego County Communication Towers Sites

Please note this list could be added to or items could be removed at any time as deemed necessary by the Otsego County Building Services Department.

Note: See general unit listing above

Name Address City/Town State ZIP Code BLEND 141 West St Ext. Laurens NY 13796

CHERRY

VALLEY

236 Signal Hill Lane

Cherry Valley NY 13320

CORNISH 398 Cornish Hill Rd

Cooperstown NY 13326

HOOKER 982 Dog Hill Rd Maryland NY 12116 NOAHS RUMP 280 Adams Pond

Rd Plainfield (West Winfield)

NY 13491

PSB 172 Co. Hwy 33W Cooperstown NY 13326 ROCKDALE 107 Duncan Lane Butternuts

(Gilbertsville)

NY 13776

WORCESTER 163 Smith Rd Worcester NY 12197 ONEONTA 500 Hillside Drive Oneonta NY 13820 PITTSFIELD 546 Texas Hill

Road Pittsfield (New Berlin)

NY 13411

ROSES HILL 352 Roses Hill Rd. Fly Creek NY 13337 SPRINGFIELD 327 Continental Rd Springfield

(Springfield Center)

NY 13468

MORRIS 591 Bourne Hill Rd.

Morris NY 13808

NEW LISBON 817 County Highway 16

New Lisbon (Garrattsville)

NY 13415

ROSEBOOM 2715 County Highway 34

Roseboom NY 13450

OLD NEW

LISBON

798 County Highway 14

New Lisbon NY 13415

BUTTERNUTS 222 Clarence Musson Rd.

Gilbertsville NY 13776

PRICING PAGES

Furnish Refrigeration & HVAC Repair as specified.

Bidder Notes:

Bidders shall submit prices for labor based on actual labor cost including fringe benefits as requested on the bid sheet.

The contractor shall be paid for the actual number of hours required to complete repairs WITH NO

MINIMUM CHARGE AND NO ADDITIONAL CHARGE ALLOWED FOR TRAVEL TIME OR

FUEL.

It is expected that the majority of repairs will be completed within the first hour of service. For repairs that exceed one-hour, prior approval is required.

Hours to be billed in quarterly increments for bid item #2 pro-rated accordingly.

NYS prevailing wage rates apply to this project. PRC#2026020631

Service Rate Per Hour Words Rate Per Hour Figures 1.Initial One Hour Labor Rate including service charge (no minimum charge)

/HR /HR

2. Hourly Rate for all labor after the Initial One Hour Rate – to be pro-rated accordingly

/HR /HR

3. Emergency Hourly Rate /HR /HR

Repair Parts – Discount from List ____________________%

DOL Registry Number: ____________________________

PROPOSAL AND SIGNATURE PAGE

Director of Purchasing Onondaga County Division of Purchase 421 Montgomery St.

Syracuse, NY 13202

I agree to provide all the material and/or labor in accordance with the furnished specifications to the County of Otsego and/or its political subdivisions. I have clearly identified variations from the published specifications where applicable.

I have received, read and agree to the terms and conditions as set forth in the Instructions to Bidders/General Conditions and any special terms or conditions as set forth in the special conditions or minimum specifications. I specifically read, understand and certify in accordance with section 16.2.1 (non-collusion certification required for public bids), the Fair Employment reporting requirements (16.2.6) and the Iran Divestment (16.2.8). I am authorized by my company to make this commitment.

REFER TO MINIMUM SPECIFICATIONS

AND PRICING PAGE

Addenda acknowledgment:

I have received and considered the following addenda in submitting this bid:

No. ___________ Dated: _____________ No. ___________ Dated: _____________ No. ___________ Dated: _____________

Signature: ___________________________ Printed Name: ________________________ Title: ______________________________

Firm Name: _________________________ Contact person: _______________________ Address: ___________________________ ___________________________ Phone ______________________________

Purchase Order Address (if different than above): Fax Number:

___________________________________ Federal ID Number: ____________________

E-Mail Address: ________________________________________________________________

Note: Vendors MUST provide a W-9 Form with their bid. This form is attached at the end of Instructions to Bidders/General Conditions.

This page Must be Signed and Returned or your bid will be declared Informal!

NON-COLLUSIVE BIDDING CERTIFICATION

SEC. 103-d NYS GENERAL MUNICPAL LAW, AS AMENDED

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

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

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

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

(This certificate should be signed by an officer of the corporation, or by a principal if the bidder is unincorporated. This bid will be declared "informal" in the event no signature appears on this form).

NAME:

TITLE:

NAME:

TITLE:

INSURANCE AGREEMENT - CONTRACTORS

1. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor hereby agrees to effectuate the naming of the County or other Entity as an unrestricted additional insured on the contractor's insurance policies, with the exception of workers' compensation.

2. The policy naming the County or other Entity as an Additional Insured shall:

• Be an insurance policy from an A.M. Best rated "secured" or better, New York State admitted insurer.

• Provide for 30 days notice of cancellation.

• State that the organization's coverage shall be primary coverage for the County or other Entity, its

Board, employees and volunteers.

• The County or other Entity shall be listed as an Additional Insured by using endorsement CG 2026 or broader. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance.

3. The contractor agrees to indemnify the County or other Entity for any applicable deductibles.

4. Required insurance:

• Commercial General Liability Insurance $1,000,000 per occurrence/$2,000,000 general and products/completed operations aggregates. The general aggregate shall apply on a per-project basis.

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

• Workers' Compensation Statutory Workers' Compensation and Employers' Liability Insurance for all employees.

• Owners Contractors Protective Insurance (Required for construction projects in excess of $200,000.)

$1,000,000 per occurrence/$2,000,000 aggregate, with the Entity as the Named Insured.

Bid, Performance and Labor & Material Bonds If required in the specifications, these bonds shall be provided by a New York State admitted surety company, in good standing.

5. The insurance producer must indicate whether or not they are an agent for the companies providing the coverage.

6. Contractor acknowledges the failure to obtain such insurance on behalf of the County or other Entity constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the County or other Entity.

Instructions to Bidders/General Conditions

1. Submission of bids:

1.1 Bids are publicly opened and read at 2 p.m. in the office of the Onondaga County Division of Purchase, 421 Montgomery Street, Syracuse, NY 13202 on the day bids are scheduled to be received.

1.2 Bids must be date and time stamped by the Division of Purchase prior to the specified time of the opening. No late bids are accepted for any reason. Bidder assumes all responsibility for on-time delivery to the Division of Purchase.

1.3 Bidders must use an envelope that is clearly marked with your company name, the bid reference number and the date the bid is due when submitting their proposals. Envelopes must be sealed when submitted.

Faxed bids are unacceptable..

1.4 Separate bid envelopes must be submitted for each bid reference number.

1.5 Bidders may submit bids on any one or group of items, provided that the unit prices are shown as requested.

1.6 Equipment offered in response to this bid request must be standard, new, the latest model or a regular stock product, with parts available and that the equipment and parts are not currently scheduled to be discontinued. Further, the bidder will guarantee that no attachment or part has been applied contrary to manufacturer’s recommendations.

1.7 Special conditions in the specifications shall take precedence over any instructions to bidders/general conditions.

2. Required submissions:

2.1 Each bid must be signed by the bidder.

2.2 Bids by partnerships must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing.

2.3 Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the president, vice-president or person authorized to bind in the matter. A corporate resolution may be required to confirm authorization.

2.4 Bids by agents of a manufacturer must be accompanied by a certification the agent is authorized if required.

2.5 Bid security, performance or other bonds when required shall be issued by a bonding company authorized to do business in New York State.

2.6 Bid security, when required, must be in the amount and form as stated in the legal advertisement, as a guarantee that if the bid is accepted a contract will be executed. Bid security deposits will be released when the written intent to award is issued of all but the three lowest bidders. Bids lacking bid security, when required, will not be eligible for award.

2.7 Performance Security, when specified, must be in the amount and form as stated in the legal advertisement. Performance security is generally required only in public works, construction, installation and certain term and service contracts. Performance security shall be of sufficient value to:

2.7.1 guarantee the contract for the faithful performance thereof;

2.7.2 guarantee all work and/or materials against all defects not due to ordinary wear and use for a period of one (1) year from date of the Municipality(ies) acceptance of the goods and/or services rendered and;

2.7.3 guarantee payment of any and all obligations arising as the result of the contract.

2.8 Labor and material bonds may be required in specific contracts to guarantee payment to workers and subcontractors.

2.9 When required, bidders shall fill out the material list and state clearly any variation from proposed products from that specified. Brand name and other information as necessary to be furnished on all items.

Bidder should submit with bid any information, specifications, circulars, etc. that will explain or clarify the differences or compliance with the specifications.

3. Use of Brand names:

3.1 References in the specifications to a particular trade name, manufacturer's catalog or model number are made for descriptive purposes to guide the bidder in interpreting the type and quality of materials or supplies or nature of work desired. Such descriptions should not be construed as excluding bids on other types of materials and supplies or for performing the work in a manner other than specified, providing that the materials and supplies and manner of performing the work are offered are of equal quality to that specified and equally acceptable to the Municipality(ies) for its purposes. Exceptions must be clearly stated.

3.2 Otsego County will determine equal products or services.

4. Pricing:

4.1 Prices must be stated in units of quantity specified. Prices submitted by bidders must be firm for 60 days from the date of the bid opening. Prices shall be in US funds only.

4.2 Prices bid shall be FOB prepaid to destination as designated. All charges for packing, crating, containers, etc. are included and being in strict accordance with specifications as shown. The price bid by the contractor shall be the price paid for all items to be furnished under this contract, irrespective of the time of shipment or delivery, unless otherwise provided.

4.3 Purchases by the Municipality(ies) are exempt from any Federal, state or city sales tax. Exemption certificates or proof of sales tax exemption will be provided upon request.

4.4 Where pricing is described in both words and numerals, the words will govern.

4.5 Cash or early payment discounts will not be considered in determining low bidder.

5. Withdrawal of bids and errors:

5.1 Bids may be withdrawn at any time prior to the bid opening by written request of the bidder.

5.2 Errors in math or omission may be grounds for withdrawal of the bid after the opening at the request of the bidder and at the discretion of Otsego County upon written request. Such requests must be made as soon as the error is identified.

5.3 In case of error in extending the amount of the bid, the unit prices will govern.

6. Purchases by other governmental or authorized entities:

6.1 Purchases at prices quoted that result in a contract or purchase order contract with Municipality(ies) may be made by the, each town and village, each school, fire and soil and water conservation district eligible to purchase from this contract for the term of the contract.

In addition, the Municipality(ies) allow(s) all municipal entities authorized under the General Municipal Laws of the State of New York to purchase goods and/or services under this contract from anywhere in the state at the discretion of the vendor.

6.2 Any minimum order requirements, delivery charges or other deviations from the prices offered to Municipality(ies) applicable to eligible organizations must be clearly stated in the bid. No such charges will be permitted if not contained in the original bid.

7. Interpretations:

7.1 It is understood and agreed that in questions of interpretation in the specifications, Otsego County does expressly have the right to determine the meaning and shall control the decision and such decision shall be binding and final. Corrections to errors, or omissions in specifications, may be made by Otsego County, when such corrections are necessary for the proper fulfillment of the intention of such specifications.

7.2 Interpretations and questions relating to bid requirements, specifications, drawings, etc. must be submitted in writing to the contact person identified in Special Conditions not later than 7 calendar days prior to the bid opening. No interpretation will be made to any bidder orally. Interpretations made will be by addendum, if required, and provided to all known prospective bidders. Bidders bear full responsibility for accepting interpretations that are not by addendum issued through Onondaga County. Failure of any bidder to receive any such addendum or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Failure to request an interpretation constitutes a waiver to later claim that ambiguities or misunderstandings caused a bidder to improperly submit its bid or to have inadvertently bid on certain items.

7.3 The Municipality(ies) reserve(s) the right to waive informalities in a bid if such waiver does not provide a competitive advantage to any bidder.

7.4 The bidder understands and agrees that no plea of ignorance relating to data, conditions, policies or requirements of the Municipality(ies) will be accepted as a reason for failure or default on the part of the bidder to fulfill in every respect all the requirements of the contract. Nor will such claim of ignorance be the basis for any claim for increased compensation.

8. Method of Award:

8.1 The Municipality(ies) reserve(s) the right to reject any and all bids at their discretion, at any time before award, or if it is in the best interest of the Municipality(ies) to do so. The Municipality(ies) reserve(s) the right to accept any item in the bid, and to award the bid in whole or in part to the lowest responsible bidder within 45 days, unless otherwise specified, including the right to increase or reduce quantities.

8.2 Bids will be evaluated by Otsego County and the department requiring the goods or services. A notice of intent to award will be issued only by the Division of Purchase.

18 8.3 Protests of companies, products or services being offered from competing bidders must be made as soon as possible, in writing, to Onondaga County as Otsego County’s agent.

19 8.4 In the event a lower bid is being rejected for any reason, the bidder will have 48 hours to explain before an intent to award will be issued to another bidder.

9. Inspection, Samples and Testing:

9.1 Material offered shall be available for inspection before delivery at a point agreed upon between the bidder and Otsego County.

9.2 Samples are required to be furnished by the bidder at the request of Otsego County. Samples are to be furnished at no cost to the Municipality(ies). Samples will be returned only at the cost of the bidder. Some samples may be retained for the life of the contract to verify delivery is in compliance with specifications.

9.3 It is understood and agreed by the bidder that deliveries tested by the Municipality(ies) and found not to meet specifications as set forth, the bidder will be billed for the test.

10. Delivery:

10.1 Material is required on or before the delivery date in the specifications. The successful bidder is responsible for delivery in good condition to the designated destination.

10.2 No items are to be shipped or delivered until receipt of an official purchase order from the Municipality(ies)

10.3 Guaranteed delivery date will be a consideration in making a contract award.

10.4 Failure to deliver as guaranteed may result in termination of the contract and also disqualify bidder from receiving contracts for at least two years. The Municipality(ies) will assume no liability for any expense or loss because of such termination.

10.5 All broken and/or damaged items received by the Municipality(ies) shall be replaced by the contractor, immediately, at his own cost and expense. The Municipality(ies) shall inspect all the items and notify the contractor of any damage as soon as it is discovered.

11. Notice to Proceed:

11.1 The successful bidder, when required, must return two copies of the signed contract, completed insurance certificate and performance security within fourteen (14) days from the date of the letter of intent to award.

11.2 No work shall begin, nor goods delivered until the contractor has in place the required insurance and security, and receives a written notice to proceed, completed contract, or purchase order as appropriate.

12. Hold Harmless:

12.1 The bidder, if awarded an order or contract, agrees to indemnify, defend and hold harmless the Municipality(ies), its officers, agents and employees from and against any and all loss or expense that may arise by reason of liability for damage, injury or death, or for invasion of personal or property rights, of every name and nature, whether casual or continuing trespass or nuisance, and any other claim for damages arising at law and equity alleged to have been caused or sustained in whole or in part by or because of any omission of duty, negligence or wrongful act on the part of the bidder, its employees or agents.

13. Insurance:

13.1 The bidder or contractor will furnish the amount of insurance determined and specified by the Municipality(ies).

13.2 The contractor agrees to obtain and maintain general liability insurance including comprehensive form, premises/operations, products/completed operations, broad form contractual, independent contractors and personal injury per specification.

13.3 The contractor will obtain automobile liability insurance, including for owned, hired and non-owned vehicles per specification.

13.4 The contractor shall provide to the Municipality(ies) a certificate of insurance evidencing the insurance requirements and shall name the Municipality(ies) as an additional insured. The certificate shall contain a provision that the issuing company will notify the Otsego County by certified mail 30 days prior to any change in or cancellation of the policy.

13.5 The contractor further agrees to comply in all respects with all Federal, State and Municipality(ies) laws which pertain regarding services for municipal corporations including but not limited to Workers’ Compensation and Employers’ Liability insurance, hours of employment, wages and Human Rights.

14. Payments:

14.1 The Municipality(ies) will pay the bidder or contractor the amount of his bid upon the full and faithful performance of the contract, acceptance of materials and/or work by authorized municipal agent, and upon receipt of the vendor invoices from the receiving department.

14.2 Partial payments for delivered items or quantities of a bid may be made by the Municipality(ies) upon presentation of properly executed claim voucher or invoice, unless otherwise stated. The final payment will be made by the Municipality(ies) when the materials, supplies, equipment or services have been fully delivered or completed to the full satisfaction of the Municipality(ies) and the receiving department.

14.3 Unless otherwise specified, the Municipality(ies) may in any contract involving construction work or labor retain up to five percent (5%) of the amount of the contract until final completion and acceptance of all work covered by the contract.

14.4 The contractor further agrees that the Municipality(ies) may withhold, out of any amounts due the contractor, sums sufficient to cover any unpaid claims by mechanics or laborers for work or labor performed under this contract; provided, that the notice in writing of such claims, signed by the claimants, shall have been previously filed.

14.5 The said contractor further agrees that he shall not be entitled to demand or receive any payment except in the manner set forth in this contract.

15. Warranty:

15.1 Municipality(ies) requires a one-year warranty from the date of acceptance to correct at no additional cost to the Municipality(ies) any failure or defect in material and workmanship, which appears in the equipment, goods or services supplied under this bid. Should manufacturer’s, product’s or bidder’s warranty extend longer than Municipality(ies) one year requirement, the remaining term of the bidder’s warranty will be in effect at the conclusion of the Municipality(ies) required warranty.

15.2 Municipality(ies) do(es) not accept exceptions to implied warranties of suitability or merchantability. Municipality(ies) do(es) not accept limitations for recovery for incidental or consequential damages or on its legal remedies to secure such recovery.

16. Governing Laws and Regulations:

16.1 The bidder is required to comply with all applicable provisions of the laws of the Municipality(ies), the State of New York and the United States of America which affect municipalities and municipal contracts and in particular the state’s Labor Law, General Municipal Law, Workmen’s Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Environmental Law and all State and Local Health laws, rules and regulations.

16.2 The bidder’s special attention is called to those laws and requirements set forth below:

16.2.1 Section 103-d of the state’s General Municipal Law requires the signing of a non-collusion certification, which reads:

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

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

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

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

16.2.2 In making his bid, the bidder warrants that this bid is made without any connection with any person making another bid for the same contract and that the bid is in all respects fair, and without collusion or fraud; also that no member of the Municipality(ies) or any person employed by the Municipality(ies) is directly or indirectly interested in said bid or in the supplies or work to which it relates or in any portion of the profits thereof.

16.2.3 The Toxic Waste Right to Know Law requires the bidder, supplier, manufacturer to provide to Municipality(ies) upon delivery any and all information required by law. Municipality(ies) reserve(s) the right to refuse shipments and payment when safety data sheets (SDS) are not supplied on delivery or request.

16.2.4 The Bidder will maintain Worker’s Compensation during the life of this contract for the benefit of the bidder’s employees as approved in Chapter 41 of the Laws of 1914 and all subsequent acts amending.

16.2.5 The provisions of Section 220 of the State’s Labor Law are deemed a part of every proposal with the same force and effect as if set forth at length.

16.2. 6 By submission of this bid, each bidder and each person signing on behalf of any bidder certified, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief that each bidder is not on the list created pursuant of paragraph (b) of subdivision 3 of section 165-a of the state finance law”

In the absence of the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law each bidder and each person signing on behalf of any bidder certifies that to the best of their knowledge the vendor:

(a) Does not provide goods or services of twenty million dollars or more in the energy section of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; AND

(b) Is not a financial institution that extends twenty million dollars or more in credit to another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran.

17. Assignment

17.1 The contractor is prohibited from assigning, transferring, subletting or otherwise disposing of the contract awarded from this bid without the previous written consent of Otsego County.

18. Termination/Default/non-performance:

18.1 In case of the default by the bidder or Contractor, the Municipality(ies) may procure the articles or services from other sources without notice and hold the bidder or contractor responsible for any excess cost.

18.2 The Municipality(ies) may terminate this agreement with cause upon notification in writing.

18.3 The Municipality(ies) further may terminate the contract without cause on 30 days notice in writing. Upon notice, the Contractor will cease all services in connection with performance of this agreement and shall proceed to cancel all existing contracts insofar as such contracts are chargeable to this agreement.

18.4 If the contractor is delayed in making delivery by strikes, lockouts, fire, unusual delay by common carriers control, then the time of delivery may be extended for a reasonable time, upon a written, documented request by the contractor, provided the Municipality(ies) may cancel said contract as to future deliveries at any time during such delay if the Municipality(ies) interest(s) are impaired by such delay.

18.5 But neither an extension of time for any reason, beyond that fixed herein for the performance of the contract, nor the doing and acceptance of any part of the work, or the supplies or materials called for by the contract, shall be deemed to be a waiver by the said Municipality(ies) of the right to abrogate this contract for abandonment or delay.

19. Unconstitutionality:

19.1 The parties hereto expressly agree that if any provision, sentence, clause or part thereof in this contract or within any specifications or plans made a part hereof is held by proper authority to be unconstitutional, illegal or invalid, such findings shall neither affect nor impair such provisions, sentences or clauses which remain. Except for so much that is held to be unconstitutional, illegal or invalid this agreement shall remain in full force and effect.

20. Changes or Deviations:

20.1 This specification as well as any contract, plans, drawings, exhibits or schedule to which is attached and made apart of constitutes the entire agreement and understanding between the parties hereto and shall be binding upon each party as their successors. Any additions, changes or deviations to or from said specifications, contracts, plans, drawings, exhibits or schedule will invalidate the agreement between the parties in its entirety unless in every case such changes shall be previously agreed upon by the parties hereto in consideration of all applicable legislation.

21. Definitions:

Municipality(ies): Unless otherwise noted, Municipality(ies) means any and all participating entities with Onondaga or Otsego County as the lead agency. If a specific municipality is identified that municipality alone is responsible for all terms and conditions.

22. Agent:

Anywhere in this document where Otsego County is referenced, Onondaga County Purchasing may act as agent for Otsego County at Otsego County’s request.

PREVENTION OF SEXUAL HARASSMENT

Section 201-g of the New York State Labor Law requires employers to adopt a sexual harassment prevention policy, make such policy available to its employees, and provide sexual harassment training to its employees, consistent with model policies, guidance, and regulations developed by the New York State Department of Labor. (https://www.ny.gov/combating-sexual-harassment-workplace/employers)

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

Such certification is consistent with the requirements of New York State Finance Law Section 139-L, which provides that a bid shall not be considered for award nor shall any award be made to a bidder who has not completed this certification;

provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state at the time of bid submission and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

By signing below, this bid shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the corporation.

Under penalty of perjury, by signing below, I submit this bid on behalf of the firm, and certify that the firm has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees.

Firm Name: ________________________________ Date: _________________________

Signature of Authorized Person:…