Bid # RFP- 2025-Pest Control Services 4-03-2025.pdf

CITY OF MOUNT VERNON

1 ROOSEVELT SQUARE

MOUNT VERNON, NY 10550

NOTICE TO BIDDERS

The Department of Public Works of the City of Mount Vernon, NY, hereby invites the submission of the sealed bid(s) for the purpose of performing work and/or services described:

Bid # RFP- 2025-Pest Control Services

Sealed bid(s) will be received at the Office of the City Clerk located at 1 Roosevelt Square, Mount Vernon, NY 10550, Room 104 until 12:00pm on April 28,2025. All bid(s) will be publicly opened at the Board of Estimate meeting at 4:00pm on April 29,2025.

Specification and forms are available at www.bidnetdirect.com. Vendors without internet access can obtain the specifications and forms at the office noted above. The City of Mount

Vernon reserves the right to reject any or all bids. Any bid(s) submitted will be binding for ninety (90) days subsequent to the date of bid-opening

Department of Public Works

City of Mount Vernon

Westchester County

State of New York

By: _____________________________________

Gimeno Simmonds

Procurement and Purchasing Manager http://www.bidnetdirect.com/

“THE JEWEL OF WESTCHESTER”

Table of Contents

Contents

MAILING/DELIVERY INSTRUCITONS

CERTIFICATIONS AND SIGNATURES

IRAN DIVESTMENT ACT

BID CERTIFICATION AND NON-COLLUSION CERTIFICATION

SCOPE OF WORK:

SCHEDULE OF INSURANCE

REFERENCES

TERMINATION OR SUSPENSION OF THE CONTRACT

GENERAL CONDITIONS

DEFINITIONS

BIDS

APPENDIX A: WEEKLY PAYROLL

Evaluation Criteria

APPENDIX B: SOLICITATION TIMELINE

APPENDIX: BID SUBMISSION CHECKLIST

MAILING/DELIVERY INSTRUCITONS

If you are planning to submit a bid by mail, please address your bid to:

CITY OF MOUNT VERNON

Office of the City Clerk

1 Roosevelt Square, Room 104

Mount Vernon, NY 10550

Bid #RFP- 2025-Pest Control Services

If you are planning to bring your bid to the Department in person, or if you are planning to attend the bid opening, you should come to our offices, which is located on the First Floor. Parking is available in the Stevens Ave garage. Enter through the visitors’ entrance, go to the security desk and follow their instructions to the Office of the City Clerk (Room 104), either take the stairs or the elevator to the first floor.

• We recommend that the Bid Number and Bid Name be shown outside of the bid envelope.

• Late Bids will not be accepted

CERTIFICATIONS AND SIGNATURES

The undersigned proposals to provide all labor and/or materials in accordance with the terms and conditions, specifications, and bid as stipulated in this bid document.

Further, the undersigned has read and agreed to the Bid Certification & Non-Collusion Bidding

Certification attached hereto.

Company Name

Address, City, State, Zip

Authorized Signature Name (typed) and Title

Telephone/Fax Numbers Date

E-mail Federal or Tax ID Number

PLEASE ENCLOSE W-9 FORM WITH YOUR BID RESPONSE

IRAN DIVESTMENT ACT

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, the Bidder/Contractor (or any assignee) certifies that it is not on the

“Entities Determined To Be Non-Responsive Bidders/Offerors Pursuant to the New York State

Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List.

Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the

Contract is renewed or extended.

During the term of the Contract, should the City of Mount Vernon receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, City of Mount Vernon will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then City of Mount Vernon shall take such action as may be appropriate and provided by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contract in default.

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

Signature

Title

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

BID CERTIFICATION AND NON-COLLUSION CERTIFICATION

Firm Name:

Business Address:

Telephone Number: ________________________________ Date of Bid:

I. General Bid Certification

The bidder certifies that they will furnish, at the prices herein quoted, the materials, equipment and/or services as proposed on this bid.

II. Non-Collusive Bidding Certification

By submission of this bid proposal, the bidder certifies that he is complying with Section

103.d of the General Municipal Law as follows:

1. Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury.

a. By submission of this bid, each bidder and each person signing on behalf of any bid decertifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty 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 and will not knowingly be disclosed by the bid prior to opening, directly or indirectly, to any other bidder or to any competitor; and,

(3) No attempt has been made or will 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.

b. A bid shall not be considered for award nor shall any award be made where

(a)(1)(2) and (3) above have not been compiled with; provided that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons thereof. Where (a)(1)(2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customer of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificates as to non-collusion as the act and deed of the corporation.

III. The bidder certifies that he is aware of, and will comply with, the provisions of the

State Labor Law applicable to independent contractors regarding conditions of employment, including payment of minimum wages, if this bid results in a labor and material type construction contract.

Signature: __________________________________________

Title: _______________________________________________

Vendor Name: ___________________________________

UNIT PRICE SHEET

a. The Unit Price Sheet shall include all overhead, profit and other expense items in connection therewith, subject to the terms of the Bid Documents.

b. Unit prices shall be the total compensation for the item and includes all overhead, profit and any other charges of the Contractor in connection therewith.

c. Unit prices on equipment and non-disposable items are rental costs, not purchase prices.

d. Adjustments will be completed with a net variation of total quantities of like items.

e. All labor prices shall be computed based on actual on-site time required to complete the work. Travel time to and from the site shall be included in all rates.

f. Small hand tools shall be considered part of the Contractors’ overhead.

g. Abbreviations Index: SF=Square Foot GAL=Gallon LB=Pound LF=Linear Foot

ESTIMATED COST PER SITE

NOTE: Only one (1) supervisor shall be paid per job, if required. All other personnel will be paid at their appropriate rate.

NAME ADDRESS PRICE

CITY HALL 1 Roosevelt Square

POLICE STATION 2 Roosevelt Square

ARMORY 144 North 5th Avenue

DOLES CENTER 250 South 6th Avenue

DPW GARAGE 33 Canal Street

FIRE STATION #1 470 East Lincoln Avenue

FIRE STATION #2 435 South Fulton Avenue

FIRE STATION #3 50 West 3rd Street

FIRE STATION #4 9-11 Oak Street

FIRE STATION #5 23 South 6th Avenue

GRAND TOTAL ($): ______________________________

GRAND TOTAL (IN WORDS): ____________________________________________

NOTE:

▪ The City reserves the right to award a contract to a vendor that offers the best value on a location.

▪ The City reserves the right to award groups of sites to a vendor, if doing so is in the best interest of the City.

The City reserves the right to award multiple contracts, if doing so is in the best interest of the City.

SCOPE OF WORK:

The City of Mount Vernon is seeking to secure the most effective and cost-efficient pest management and control services for its various facilities. The Department of Public Works invites bids for comprehensive pest control services for multiple types of facilities and associated properties, including trees.

The pest control services will cover three categories of public facilities within the City of Mount

Vernon: Industrial, Commercial, and Residential.

• Industrial Facilities: Includes maintenance shops and lunchrooms.

• Commercial Facilities: Includes City Hall, which consists of three floors of office spaces.

• Residential Facilities: Includes firehouses and the public safety building, where City employees reside on a 24/7 basis.

In addition to the regular pest control services for the three facility types, the City seeks the flexibility to request pest management for other related properties on an as-needed basis.

These requests will be sporadic and vary year to year, and may include pest control for tax-deeded properties, city-owned trees, parks, grounds, etc.

Scope of Pest Control Services

The pest control services to be provided shall include, but are not limited to, the following:

• Regular Building Inspections: Routine inspections of all facilities to identify and address pest issues.

• Follow-Up Visits: Additional visits as necessary to ensure continued pest management.

• Pest Control and Eradication: Control and eradication of various pests, including crawling, flying, and boring insects (e.g., carpenter ants and carpenter bees, excluding termites and wood-boring beetles), rodents (rats and mice), bats, and other pests.

Regular Time After Hours

Each bid must include a comprehensive pest management plan tailored to each of the three types of City buildings. Additionally, vendors should provide pricing for individual service calls

$ per Man Hour 7:00am to Dusk (Mon thru Fri)

$ Per Man Hour Other Than Regular

Time Hours as Listed on Page 9

Apprentice $ $

Journeyman $ $

Foreman $ $

Superintendent $ $

Carpenter $ $

Electrician $ $

Glazier $ $

Ironworker $ $

Mason $ $ that includes all vendor time and materials required to address the requested pest control and eradication services, as well as a reasonable response time.

SITE VISITS

To ensure a thorough understanding of the scope and requirements, it is mandatory that all participating vendors attend a site visit. The site visit will provide a guided tour of the ten (10) structures covered under this bid.

• Site Visit- Mount Vernon shall not conduct a site visit for this Request for Proposals

(RFP). Prospective bidders may submit requests for a site visit at their discretion. The

City of Mount Vernon reserves the right to reject any and all requests for site visits at its sole discretion.

Offerors must attend at least one of these options to be deemed responsive. To register for a site, visit please email Joe Pemberton at jpemberton@cmvny.com. Please state the firm you represent and which date(s) you wish to attend.

BID FORMS

Each bidder has been provided a complete set of bid forms. All bids must be submitted on City forms, signed and returned with unit prices, extensions, and total value of bid. Any correspondence referring to the bid must include the City’s bid number.

CONTRACT ADMINISTRATOR

This Contract will be administered by Avinesh Persaud, mobile number 914-330-7640.

Questions pertaining to this Contract, before and after award, shall be directed to Deputy

Commissioner John Nuculovic.

PROJECT MANAGERS

This Contract will be performed under the direction, supervision and inspection of the Project

Managers, Joe Pemberton, Asst. Engineer, and Avinesh Persuad, Building Maintenance

Foreman.

BIDDER QUALIFICATIONS

All bidders are required to submit the following documentation with their bid:

1. Business Statement: A statement on company letterhead affirming that pest control services are the Bidder's primary business, and that the Bidder has been actively engaged in pest control contracting for a minimum of three (3) years, performing work like the “SCOPE OF WORK” outlined in this bid.

mailto:jpemberton@cmvny.com

2. References: A list of three (3) references for projects valued at $2,000 or more, completed within the past year or currently in progress. These references must involve work of a similar scope to the services required in this contract. Each reference should include the name, title, and phone number of a contact person (refer to attached reference sheet).

Failure to submit the required qualifications and references may render the bid non-responsive, and the City may choose not to consider such a bid for the award.

The City reserves the right to reject any bid if the Bidder cannot demonstrate the ability to meet the requirements or satisfactorily perform the work.

METHOD OF AWARD

The City of Mount Vernon reserves the right to award a contract(s) to a responsive and responsible bidder(s) who meets with all terms of the specification based on the LOWEST

OVERALL COST to the City. The City reserves the right to award the bid as a whole, by group of items, or on an item-by-item basis, depending on whichever method results in the lowest overall cost to the City. Separate awards for each group of items will be considered after factoring in the additional costs inherent to multiple contracts. However, the City reserves the right to reject any and all bids if the City deems said action to be in the best interest of the City.

PRICES

All bid prices will be firm for ninety (90) days after bid opening.

CONTRACT TERM

This contract will start July 1 ,2025 and run through July 1 ,2027 with the option of renewing the contract for up to two (2) additional 1-year periods at the mutual consent of both parties.

PRICE CHANGES

Price changes may be proposed by either party no later than forty-five (45) days prior to contract extension based upon industry price trends. The Contractor’s labor rates shall be adjusted (increased or decreased) in accordance with the current change on file for the U.S.

Department of Labor’s Bureau of Labor Statistics Consumer Price Index for All Urban

Consumers (CPI-U) for Westchester County, New York area. Should price changes not be acceptable to both parties, the contract will not be extended. Prices may change only per year, at the time of extension.

REASONABLE NOTICE

It is required that the Contractor be available to meet with the City’s Project Manager or his representative(s) at the job site within three business days of being notified of a proposed project, to discuss the project. The Project Manager or his representative(s) shall determine the extent of the repair work. Time of completion for such Project(s) will be determined at the job site with the approval of the Project Manager and shall be noted. The Contractor shall complete such Project(s) within the period specified, unless a time extension has been approved by the

Project Manager. The Contractor shall, within five business days following the meeting at the job site, provide the Project Manager or his representative with a written cost estimate and work schedule.

EMERGENCY REPAIR

In emergency situations, the Project Manager may issue a temporary verbal Notice to Proceed.

The Contractor must provide a 24-hour emergency contact number and be available to arrive at the job site within two (2) hours of notification. A written Notice to Proceed will follow within three (3) business days.

The Contractor must make immediate repairs to control or eliminate the emergency, and any extended work will be managed on a Time and Material basis, as stated in the contract.

Failure to respond within the two-hour period will result in a penalty of $50 per hour for every hour the Contractor is in default, not as a penalty but as reimbursement for damages suffered by the city due to the delay. The city may deduct this amount from any payments due to the

Contractor.

If the Contractor fails to arrive at the job site within four (4) hours of notification, the City reserves the right to hire another vendor to complete the necessary work. The Project Manager will notify the Contractor of the cancellation.

PROJECT ESTIMATES

The Contractor shall submit, to the Project Manager, a Proposal for the Work on a Time and

Materials basis. The Contractor shall not perform any work until a Notice to Proceed has been issued by the Project Manager for regular non-emergency projects. All cost estimates prepared by the Contractor at the City’s request shall be at no cost to the City. The Contractor agrees that these estimated costs shall be the maximum authorized project cost if accepted by the

City. The Contractor agrees that the City shall bear no liability or responsibility to the Contractor for the payment of any costs or charges in excess of the amount authorized in the estimates.

The written estimates shall be prepared and submitted to the Project Manager only. The costs and types of labor, material and equipment to be used on a project shall be detailed on this estimate form. This is an estimate only and shall not be considered the actual amount due to the Contractor.

The City shall pay for only those items itemized on the estimate forms which are accepted and approved by the City.

RIGHT TO BID

The City reserves the right to advertise for Bids any individual proposed project(s), which would be performed under this Contract, whose estimate exceeds that which the City feels is reasonable. The City also reserves the right to advertise for bids any project whose estimate exceeds 20% of the annual value of this Contract.

PROJECT NOTICE TO PROCEED

For regular non-emergency projects, the Contractor shall not begin Work on any project under this Contract, until a separate Verbal Notice to Proceed has been issued by the Project

Manager. A Verbal Notice to Proceed will be given for each project, followed by a written confirmation. For each approved written cost estimate for regular non-emergency projects, the

Project Manager and the Contractor shall establish a scheduled project start date. Failure to start the project on the scheduled date, may be caused to terminate this Contract for default.

Notice to Proceed given by other than the Project Manager shall not be accepted by the

Contractor for regular non-emergency projects.

If additional Work within the original scope of the project is required and authorized, the

Project Manager may issue a Verbal Notice to Proceed in the field. For authorized additional work, the Contractor shall, within two business days after the Verbal Notice to Proceed, submit a new estimate form marked “Revised”, incorporating the additional Work. This will be confirmed with a written notice from the Project Manager. Failure of the Contractor to submit a

Revised Estimate Form, within two business days, will result in non-payment of unapproved invoiced expenses.

TIME AND MATERIAL BASIS

The Contractor shall submit, to the Project Manager, a proposal for the Work on a Time and

Materials basis. The Contractor shall not perform any Work until a Verbal Project Notice to

Proceed has been issued by the Project Manager:

A. The Contractor shall structure personnel assignments, materials selection, and equipment based on the Scope of the Project(s). The Project Manager has the right to reject any structure submitted, which in his opinion is inadequate. Upon notification of such rejection, the Contractor shall submit within two business days, a Revised Estimate

Form for approval. Failure to submit a revised structure within the time specified shall result in such a project being bid on the open market.

B. Labor: Bidders are required to submit, on the Unit Price Sheets, all-inclusive hourly labor rates for Work to be performed under this Contract. The hourly labor rates shall be given for each of the different labor classes that are listed on the Unit Price Sheets. The hourly rates quoted should include all fringe benefits, profit, overhead, and general and administrative expenses. The time basis for labor charges will include only those hours at the job site, not portal to portal.

The Contractor shall designate a Working Supervisor for each Project, unless specifically directed to do otherwise by the Project Manager. The Supervisor shall always be at the job site, up to the completion of the project. The Supervisor shall be any crew member who is a HVAC Mechanic. The Supervisor shall have full authority to act on behalf of the

Contractor and shall be the liaison between the Contractor and the City, as well as supervise the Contractor’s crew. The Supervisor shall perform the work as it relates to

HVAC Repairs and be responsible for directing all work.

C. Parts and Materials: The Contractor shall furnish all parts and materials necessary to perform any work. Parts and materials shall be invoiced at cost plus a fixed markup. The markup will not apply to any taxes paid or freight charges. The Contractor must include with the required copy of his invoice to the Project Manager, itemized invoices from the supplier or receipts from the supplier for materials drawn from the Contractor’s stock showing the cost that the Contractor paid for the parts and/or materials used. The

Contractor shall indicate on the invoice(s) the zone and location each item was used or installed.

D. Equipment: Contractor-owned equipment used on a project shall be charged at a flat all-inclusive per hour rate with no additional charges such as overhead, profit or general and administrative costs. Charges for Contractor-owned equipment must be itemized on the initial Estimate Form. The city will approve only those charges for equipment not normally used by a Contractor in the normal course of work, and which it deems reasonable and representative of fair market price. Contractor shall submit to the City an itemized invoice for company-owned equipment rental.

Any equipment which is rented by the Contractor for use on a project must be identified on the Estimate Form and shall be charged to the City as invoiced from the rental company and approved by the City. The Contractor shall submit a copy of the invoice from the rental company to the Project Manager.

No equipment which the City deems to be standard or essential for the Contractor to own and use in the performance of this type of work shall be charged on a separate rate basis.

DAILY NOTIFICATION

The Contractor shall notify the Project Manager or his representative at least one business day in advance of any day that the Contractor will not be able to perform any scheduled non-emergency work under this Contract.

WORKING TIME

The Contractor will only be permitted access to the City’s premises between the hours of 7:00

A.M. and dusk, Monday through Friday, except on holidays observed by the city when the

Contractor will not have access. Occasional exceptions to the above hours of access will be considered by the Project Manager, upon prior request by the Contractor.

If it becomes necessary for the Contractor to perform work during City non-working hours or on weekends or holidays, a list of the Contractor’s employees who are scheduled to work must be given to the Project Manager and approved prior to entry. The Contractor’s employees must have proper identification in their possession. The above procedure will ensure proper ingress and egress at any premises in which the Contractor is required to work.

AFTER HOURS WORK

The Contractor may be required to perform certain projects during City non-working hours or weekends. If required, and as directed by the Project Manager, the Contractor’s regular labor rates will be paid at the rate of time-and-a-half. The time-and-a-half labor rate will be based on the regular labor rates shown on the Unit Price Sheets. This charge must be included in the

Estimate Form for the project(s) in question.

EXCESS MATERIALS

Unexpected materials or supplies purchases by the Contractor and paid for with funds under this Contract, are to remain the property of the City. The Contractor shall deliver all such materials to the Project Manager.

PRECAUTIONS DURING WORK

Much of the Work to be done under this Contract will be performed in and around operating facilities. The Contractor must take whatever precautions are necessary to prevent interference with the City’s operations.

The premises in which Contract work will be performed will normally be occupied. All Work shall be executed in such a manner as to not interfere with the City’s operation. The Contractor shall employ all necessary safety precautions to prevent injury to persons or damage to property and equipment. If, at any time, the Project Manager or his representative feels proper safety measures are not being employed, the Contractor will be stopped from working and may resume Work only at such time as the condition is remedied.

The Contractor shall provide adequate protection for the building, its contents and occupants, and to all areas used or crossed during work activities. Barricades shall be erected where and when required for protection of City personnel. Driveways shall always be kept clear of materials and equipment. The Contractor shall be required to provide all safety equipment for their personnel and/or protection of work areas.

HAZARDOUS MATERIALS AND CHEMICALS

The Contractor shall not use any materials or chemicals which may be a physical or health hazard without receiving prior written approval from the Project Manager. Along with the written request for approval, the Contractor shall submit the manufacturer’s specifications, a

“Materials Safety Data Sheet” and any required Environmental Protection Agency (EPA) information on usage and handling.

ENVIRONMENTAL PROTECTION

The Contractor shall comply with any and all federal, state, county, local and municipal statutes, laws, regulations and ordinances pertaining to environmental protection, and conduct his operations as may be necessary to avoid water, air and noise pollution as controlled by any such statutes, laws, regulations and ordinances. Compliance shall include adherence to the

Resource Conservation and Recovery Act (R.C.R.A.) and subsequent revision, and Federal

Department of Transportation regulations governing the transportation of hazardous materials.

HEALTH SND SAFETY PROECTION

The Contractor shall comply with any and all federal, state, county, local and municipal statutes, laws, regulations and ordinances pertaining to the health and safety of the Contractor’s employees, the City’s employees and the surrounding public. The Contractor shall conduct their operation as may be necessary to avoid any violation of such statutes, laws, regulations and ordinances. Compliance shall include adherence to the Federal Occupational Safety and Health

Act (OSHA) of 1970 and its latest revisions governing health and safety in the workplace.

REMOVAL OF PERSONNEL

Upon request of the Project Manager, the Contractor shall remove from the City’s facilities, any of its employees who fail to abide by this Contract, or who possess or consume alcohol or illegal drugs on City property. Gambling, theft, deliberate damage to or unauthorized use of City property, falsification of Contract required documents, deliberate or premediated assault shall be grounds for directing the removal of the Contractor’s employees. Under this Contract, the term “Contractor’s Employees” shall mean persons directly employed by the Contractor and any person employed by a subcontractor bound to the Contractor to perform work required by this Contract. All personnel employed by the Contract shall be advised that the City has determined its facilities “Smoke-Free Areas”. Upon request, the Project Manager will identify off-site smoking areas. Violation of this requirement will result in the removal of Contractor’s personnel from City property.

SECURITY

Due to current events, all Contractor’s employees must possess color photo identification cards. The identification card must display a picture of the employee, the employee’s name and the Contractor’s name. Identification cards must be worn at all times while on City property.

Contractor’s employees found on-site without proper identification will be immediately removed from the property. Failure of a Contractor to adhere to this requirement will result in the Contract being terminated in accordance with the “Termination of Contract” clause.

The Contractor’s employees must comply with all City security rules and regulations with regard to parking, signing in and out of buildings, and the Contractor’s employees are prohibited from bringing into or taking out any facility and personal hand-held bags, luggage, backpacks, cartons or containers of any type (personal luggage). If personal luggage is found to be in the facility or on the person of the Contractor’s employees, the City security staff has the authority to search all personal luggage. Refusal by the Contractor’s employees to allow search for personal luggage shall be grounds for directing the removal of the Contractor’s employees.

INSPECTION AND ACCEPTANCE

Upon final or partial completion of a project, or upon the expiration of the specified time period to complete the project, the Contractor must obtain an inspection from the Project Manager or his designated representative. If all Work is determined to be satisfactory, the Contractor shall submit invoices for payment. All Work found unacceptable or incomplete shall be corrected by the Contractor before a re-inspection is scheduled. No invoices will be accepted for payment until the Work has been completed and accepted by the city.

INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the

City from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of contracted services, provided that such claim, damage, loss or expense is attribute in whole or in part by negligent acts or omissions of the Contractor, his subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

INSURANCE REQUIREMENTS

The Contractor shall procure and maintain at his own expense throughout the contract term, insurance for liability for damages imposed by laws for the kinds and amounts stated herein.

The issuing insurance companies must be authorized by the New York State Insurance

Department to issue coverage(s) within New York State. All aspects of the contract must be covered. The amounts stated herein are minimum requirements.

Within five (5) days after the notice of the award, the successful bidder shall furnish to the City a Certificate(s) of Insurance that clearly shows compliance as stated herein. The City of Mount

Vernon shall be named as additionally insured by endorsement form CG 2010, CG 2026 or equivalent carrier form. Failure to comply may result in the cancellation of the award.

ADDITIONAL ITEMS

The City reserves the right to add to the contract additional items similar in nature to the items specified, at prices to be negotiated between the City and the vendor.

DELIVERY

Deliveries to be F.O.B. City of Mount Vernon as specified by a purchase order.

BRAND PREFERENCE

References to a manufacturer’s product by brand name or number is done solely to establish he minimum quality and performance characteristic required. Bidders may submit bids on alternates but must attach catalog sheets listing the specifications for any alternate bid. The acceptance of a bidder’s alternate rests solely with the city.

CITY-WIDE LOCATIONS

NAME ADDRESS DESCRIPTION

Police Station 2 Roosevelt Square Composed of B.U. flat HVAC, approx.

16,200 S.F.

Armory 114 North 5th Ave Composed of Asphalt, shingled pith HVAC, approx. 9,900 S.F.

DPW Garage 33 Canal St

City Hall 1 Roosevelt Square

Doles Center 250 South 6th Ave

Fire Station 1 470 East Lincoln Ave

Fire Station 2 435 South Fulton Ave

Fire Station 3 50 West 3rd St Composed of B.U. flat HVAC, approx. 8,000 S.F.

Fire Station 4 9-11 Oak St Composed of B.U. flat HVAC, approx. 4,000 S.F.

Fire Station 5 23 South 6th Ave Composed of B.U. flat HVAC, approx. 1,450 S.F.

Each City-Owned structure will be treated monthly, as follows:

(1) Police Station; (2) Armory; (3) DPW Garage; (4) City Hall; (5) Doles Center; (6) Fire Station

1; (7) Fire Station 2; (8) Fire Station 3; (9) Fire Station 4; (10) Fire Station 5.

SPECIFICATION ALTERATION

Specifications will be construed to be complete and be considered the entire description of the goods or services upon which the City is now seeking bids. Only formal written addenda can materially alter this set of specifications. No verbal statement by a City employee or anyone else is binding, no shall such statement be considered an official part of this bid proposal.

Bidder must identify all items that differ from description specifications by the manufacturer, brand name, catalog and page number. If a substitution is made on any item, it will be considered an alternate. All alternates must have complete documentation to be considered.

Whenever using a name or catalog number of a manufacturer or vendor specifies an item or equipment, the term “or equal” if not inserted shall be implied. The decision of the district as to whether an alternate or substitution is in fact “equal” shall be final.

MINOR VARIATIONS

Minor variations in the specifications will be acceptable. However, vendors must indicate on their proposals or on a separate attachment the area in which their products deviate from specifications.

EXCEPTIONS

Any exceptions to this bid must be in writing and attached to the Bid Proposals.

WARRANTY

Bidder shall as part of its proposal, furnish its warranty/guarantee for all goods/services to be furnished hereunder. As a minimum, Bidder shall warrant /guarantee all goods/services for a period of one (1) year from the date of installation and successful Bidder shall be obligated to repair or replace all defects in material or workmanship which are discovered or exist during said one (1) year period. The successful Bidder shall make all repairs within a reasonable time period. If the successful bidder does not make repairs within a reasonable time, the City may repair the damages as necessary and bill the successful Bidder.

Bidder is required to hold certifications to perform warranty and non-warranty repairs.

PREVAILING WAGE STATEMENT

Please note that this Services Agreement requires the application of a prevailing wage schedule.

The number associated with this Services Agreement is PRC #2023006629. This schedule can be viewed on the New York State Department of Labor website (www.labor.state.ny.us) by entering the PRC# when prompted.

• First, under the Quick Links section on the webpage click on Prevailing Wage.

• Next, click on Public Work Prevailing Wage

• Scroll down and then click on Online View of Existing Prevailing Wage Schedule with

PRC#

• Enter the PRC# listed above and click submit

• Last, click on Original Wage Schedule

If you have any difficulty accessing the schedule, please contact the Purchasing Agent at the phone number listed below or our local Department of Labor at 585-258-4505.

WAGE RATES

Pursuant to the provision of Section 220-A of the New York State Labor Law as amended, the

Contractor (and his Sub-Contractors, if applicable) will be obligated to pay all workers in covered classes the applicable prevailing wage rates and supplements. The minimum hourly wage rate to be paid the various classes of labor performing work under this contract shall be in http://www.labor.state.ny.us/ accordance with schedules which have been established, or may hereafter be established, by the New York State Department of Labor during the contract term.

The labor rate per hour shall remain firm for the contract term unless established wage schedules are increased by the New York State Department of Labor. In the event such wages are increased by NYSDOL, the Contractor’s labor rate per hour may be increased in an amount exactly equal to that of NYSDOL wage schedules.

ACCEPTANCE

This Contract expressly limits acceptance to the terms and conditions stated herein. Any additional or different terms proposed by the Contractor are rejected unless expressly agreed to in writing by an authorized representative of the City. The Contractor shall perform all work in a manner generally accepted as standard procedures in the HVAC repair industry.

CHANGES

Should the City at any time during the progress of the work require or permit any alterations of deviations from, addition to, or omissions from the contract, specifications, or plans, the City shall have the right to make such changes. The same shall in no way injuriously affect or make the contract void but should be added to or deducted from the amount of the contract price, as the case may be, by a fair and reasonable valuation. Except as otherwise provided in this contract, no alteration of deviations from, additions to, or omission from the contract, specifications, or plans shall be made unless such change is authorized in writing by an authorized representative of the City.

PURCHASE ORDER ISSUANCE

Delivery of goods may be directed by the receipt of a purchase order only. You are prohibited from supplying items that are not part of the bid project or substituting other items. Items supplied or services rendered that are not part of this bid project will not be paid for by the

City of Mount Vernon. Exceptions may only be authorized by the City’s agent prior to delivery on that same purchase order tour by issuance of another purchase order.

BILLING PROCEDURE/PAYMENTS

If all work passes inspection, the Contractor shall forward an itemized invoice to City of Mount

Vernon, Department of Public Works, Room 108, Mount Vernon, NY 10550. In addition, the

Contractor shall submit a copy of the invoice along with all supporting documentation, such as completed estimate forms, daily work orders, pictures of each repair (a minimum of one photo of existing problem prior to repair, a minimum of two photos during repair process and a minimum of one photo of final repair). Location of problem, type of problem, type of repairs made, invoices from material suppliers, equipment rental companies, etc., directly to the

Project Manager. Invoice(s) will not be paid until this supporting documentation has been received and accepted.

Invoices shall include the Contractor’s name, address, telephone number, invoice number, purchase order number, location, description of work performed, and the amount requested for payment.

Regarding certified payroll, please list the full name of worker along with title, wage rate

(according to unit price sheet / NYS PWR), hours worked per week, and total wages due. The payroll documents should be submitted with a coversheet with a statement affirming the truthfulness and accuracy of the included documentation (sample attached). It is to be signed by the owner and included with each submission for payment by the city.

Payment will not be made for any services until all documentation has been received and the

City has properly accounted for the service as to compliance with the Contract and acceptance.

ORDER OF PRECEDENCE

Should a contradiction appear within this bid-document, the following order of precedence shall prevail”

1. Bid Terms and Conditions

2. Bid Specifications

3. General Conditions

4. Purchase Order Conditions

MSDS SHEETS

Pursuant to the Occupational Safety and Health Administration’s (OSHA) General Industrial

Standards and Part 1910, Titles 29 of the Code of Federal Regulations, all appropriate Material

Safety Data Sheets (MSDS) are to be provided with the delivery of ordered materials.

NON-ASSIGNMENT

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contact or his right, title, or interest therein, or his power to execute such Contract, to any other person, company, or corporation, without the previous written consent of the City.

CONTRACT TERMINATION

If the Contractor fails, after seven (7) days written notice, to supply enough properly skilled workmen or proper materials, or fails to prosecute the work with such diligence as will assure its completion pursuant to contract terms, or shall in any other respect commit a breach of their contract, the City may terminate the contract resulting from this bid without any further notice to the Contractor. Any and all costs, damages and other expenses incurred by the City as a result of this action shall be the direct liability of the Contractor.

EXECUTORY CLAUSE

This contract shall be deemed executory only to the extent of the monies appropriate and available for the purpose of the contract, and no liability on account thereof shall be incurred by the purchaser beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or makes available monies for the purpose of the contract.

FORCE MAJEURE

The Contractor shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, or acts of God, or for any other acts not within the control of the Contractor and which by the exercise of reasonable diligence he is unable to prevent.

GOVERNING LAW

Any dispute arising under this Contract shall be governed by the law of the State of New York, County of Westchester, City of Mount Vernon. Any litigation under this Contract if commenced by the Contractor, shall be brought in a Court of competent jurisdiction in the State of New

York. However, if the New York Law does not cover the issue in dispute or if there is a conflict between New York and Federal law, i.e., decisions of the Federal courts, regulations and statutes, the New York court shall apply the Federal law. Pending the resolution of any dispute, the Contractor shall proceed as directed by City in writing.

SCHEDULE OF INSURANCE

INDEMNIFICATION

Notwithstanding the limits of any insurance provided or maintained by the Contractor, the

Contractor shall defend, indemnify, and hold harmless the City of Mount Vernon and its officers, employees and agents from that portion of all claims, actions, liabilities, damages, and costs (including, but not limited to, attorneys’ fees) of every nature and description arising out of or resulting from the acts, omissions, or negligence of the Contractor or their employees or agents. The Contractor’s duties and obligations pursuant to this paragraph shall survive the termination or expiration of this agreement and shall not be limited by any provision herein requiring the Contractor to maintain specific insurance coverage.

INSURANCE

The Contractor, at its own expense, shall procure and maintain the following insurance coverage with limits of liability not less than the limits specified:

Commercial General Liability

Premises/Operations $1,000,000 each occurrence

Products/Completed Operations $1,000,000 each occurrence

Contractual Liability $1,000,000 each occurrence

Independent Contractors $1,000,000 each occurrence

Personal Injury $1,000,000 each occurrence

Broad Form Property Damage $1,000,000 each occurrence

Bodily Injury and Property Damage Limit $1,000,000 each occurrence

Products/Completed Operations Damage Limit $1,000,000 each occurrence

Personal Injury and Advertising Injury Limit $1,000,000 each person or organization

Automobile Liability $1,000,000 each accident

Owned, Hired, and Non-Owned Automobiles

Combined Single Limit for Bodily Injury and Property Damage

Excess “Umbrellas Liability”

Providing excess coverage over the Commercial General Liability and the Auto Liability policies with limits not less than $10,000,000 each occurrence.

The City of Mount Vernon and its officers, employees and agents shall be names as

Additional Insureds under the policy issued for General Liability and Excess “Umbrellas

Liability” coverage. An Additional Insured Endorsement form (CE2020, CG2026) must be submitted with the Acord Form.

Workers’ Compensation & Employers’ Liability

Statutory coverage complying with New York Workers’ Compensation Law. NYS Approved

Certificates (CE-200, C-105.2, U-26.3 or SI-12) must be provided.

SCHEDULE OF INSURANCE (continued)

It is expressly understood an agreed by the Contractor that the insurance requirements specified above, except for Professional Liability, contemplate the user of occurrence liability forms. If claims-made coverage is evidenced to satisfy any of the specified requirements, the Contractor shall comply with the following requirements:

1. If the claims-made coverage terms designate a specific retroactive date, the Contractor shall maintain a retroactive date which is not later than the earlier date of the commencement of the term of this agreement, or the original coverage retroactive date for the Contractor’s first claims-made policy for each and every coverage period on a claims-made basis;

2. For the duration of this agreement or any subsequent renewals, if the retroactive date is advanced or if the policy is materially changed, cancelled, or not renewed, the

Contractor shall purchase, at his own expense, an Extended Reporting Period (“Tail” coverage) in compliance with the minimum standards prescribed by the Insurance

Department of the State of New York in Regulation Number 121 (11 NYCRR 73) or its subsequent amendments or revisions; and,

3. Upon termination of the services provided to the City of Mount Vernon by the

Contractor, the Contractor shall maintain such claims-made coverage without interruption for a period of time equal to the length of any Extended Reporting Period requirements as specified above. If the retroactive date is advanced or if the policy is materially changed, cancelled, or not renewed during this period of time, the Contractor shall purchase, at its own expense, an Extended Reporting Endorsement that is in compliance with the minimum insurance standards prescribed by the Insurance

Department of the State of New York in Regulation Number 121 (11 NYCRR 73) or its subsequent amendments.

The insurance carriers providing the above coverage shall be licensed to do so in New York

State and shall also be rated no lower than “A” by the most recent Best’s Key Rating Guide or

Best’s Agent’s Guide or must be otherwise acceptable to the City of Mount Vernon City Council.

Upon execution of this agreement, the Contractor shall fully furnish the City of Mount Vernon with an original “Certificate of Insurance” evidencing that policies of insurance are maintained which conform to the aforementioned insurance requirements. Endorsement Form CE2010 and

CG2026 must be provided for additional Insured status.

All insurance policies required herein shall be specifically endorsed to provide that in the event of cancellation, non-renewal or material change on the part of the insurer, 30 days prior written notice shall be provided to the City of Mount Vernon, Mount Vernon, NY 10550.

REFERENCES

Project: ______________________________________________________________________

Type of Work: ____________________________________________________

Location: ________________________________________________

Project Value: ________________________________________________