CONTRACT Ceiling Track Lift Systems #25-48-0424.pdf

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Bid # 25-48-0424 Ceiling Track Lift Systems

Board of Cooperative Educational Services

First Supervisory District of Suffolk County 201 Sunrise Highway

Patchogue, New York 11772

The following Notice to Bidders was / will be published in the official newspapers of ESBOCES on April 10, 2025.

Notice to Bidders

The Board of Cooperative Educational Services, First Supervisory District of Suffolk County (in accordance with Section 103 of Article 5A of the General Municipal Law) hereby invites the submission of sealed bids for the following:

Bid #25-48-0417: Ceiling Track Lift Systems

Bids will be received until 11:00 a.m., April 24, 2025, at the Office of the Board of Cooperative Educational Services, First Supervisory District of Suffolk County, Attn: Purchasing Department, 201 Sunrise Highway, Patchogue, New York 11772, at which time and place all timely bids will be publicly opened. Bid packages may be obtained at the same office daily from 9:00 a.m. to 3:00 p.m., except Saturdays, Sundays, and Holidays or at www.empirestatebidsystem.com

The Board of Cooperative Educational Services, First Supervisory District of Suffolk County, reserves the right to reject any or all bids, or to accept part of any bid.

By: Maria Dell’Aquila, Clerk

General Terms and Conditions

Invitations to bid issued by ESBOCES will bind all Successful Vendors to the terms and conditions set forth in these General Terms and Conditions, Specifications and Bid Forms and such terms and conditions shall be an integral part of each Bid awarded (“Contract”).

(I) DEFINITIONS

“Eastern Suffolk BOCES” or “ESBOCES” - Board of Cooperative Educational Services, First Supervisory District of Suffolk County

“Bid”- an offer to furnish services, materials, supplies, and equipment in accordance with the Bid Documents

“Bidder” or “Vendor” - any entity (e.g., individual, partnership, organization, institution, agency, municipality, government, company, or corporation) submitting a bid

“Bid Documents” - Bid Memorandum, Notice to Bidders, General Terms and Conditions, Specifications and Bid Forms

“Bid Forms” - forms which Vendor completes and includes in a Bid as part of the Bid Documents

“Contract” - an awarded Bid comprised of all the Bid Documents

“Item(s)” - a particular line Item as it pertains to materials, supplies and equipment or the materials, supplies and equipment in total

“Notice to Bidders” - a formal statement that, when issued, constitutes an invitation to bid on the services, materials, supplies, and equipment described in the Specifications

“Successful Vendor” - Vendor(s) or Bidder(s) to whom an award is made by ESBOCES

“Specification” - description of services, materials, supplies, and equipment, and the conditions for their provision

“Services” - Labor and related supplies and equipment to be provided by Successful Vendor in accordance with the Specifications of this Bid.

(II) INSTRUCTIONS TO BIDDERS

1. Sealed Bid Documents pertaining to the Services and related supplies and equipment required by ESBOCES, and as set forth in the Bid Documents must be received no later than 11:00 a.m., April 24, 2025 (“Bid Opening”) at the ESBOCES Purchasing Office, 201 Sunrise Highway, Patchogue, NY 11772. In the event that ESBOCES Purchasing Office is closed the day of the Bid Opening, the bid(s) will be opened at 11:00 a.m., on the next business day that the ESBOCES Purchasing Office is open.

2. All Bids must be submitted on and in accordance with the Bid Documents and provided by Bidder, in a sealed envelope addressed to ESBOCES Purchasing Department, at 201 Sunrise Highway, Patchogue, NY 11772 on or before the hour and day stated above, and the envelope shall be endorsed on its face with (i) the name of person, firm, or corporation submitting a bid; (ii) the Bid number and name; and (iii) the date of Bid Opening.

3. Each Bid must be submitted under separate cover and will be considered on its own merits. Each Bid must be separate and apply only to this designated Bid package. Any Bid offered in combination with another designated Bid package will not be accepted. Vendors wishing to submit an alternate Bid must do so as a separate Bid package to be considered for award.

4. Facsimile, electronic, telephone, or verbal bids will not be accepted or considered.

5. Bids received after the time stated in the Notice to Bidders will not be considered and will be returned to the Bidder unopened. The Bidder assumes the risk of any delay in the mail or in the handling of the mail by ESBOCES employees. The Bidder assumes all responsibility for having the Bid deposited on time to the Purchasing Office.

6. Each Bidder is requested to carefully read the Bid Documents as each Bidder will be held to strict compliance with such documents. Failure to fulfill any requirements of the Bid Documents may result in the Bid being considered non-responsive.

7. No modifications or additions are to be made to the printed Bid Documents. In the event the Bidder deems that modifications are necessary, such modifications must be set forth in writing to ESBOCES in a separate document and submitted with the Bid Documents to be considered. However, any modifications or additions submitted may result in the Bid being considered non-responsive.

8. All information required in the Bid Documents must be provided by the Bidder to constitute an acceptable Bid.

9. ESBOCES will interpret the submission of a Bid to mean that the Bidder is fully informed as to the extent and character of the Items, Services and related supplies and equipment required and that the Bidder can furnish same in complete compliance with the Bid Documents.

10. Any contract provision that purports to restrain a vendee of a commodity from reselling such commodity at less than the price stipulated by the vendor or producer shall not be enforceable or actionable at law pursuant to N.Y. Gen. Bus. Law § 369-a.

No charge will be allowed for federal, state, or municipal sales and excise taxes, from which the political subdivisions are exempt, or for any portion of a gross receipts tax, MTA surcharge or other tax or surcharge which was imposed upon the Vendor. All Bid prices shall be net and shall not include the amount of any such tax. Exemption documents, if required, will be furnished on forms provided by the Successful Vendor.

11. A. A Contract, if awarded, will be on the basis of materials, supplies, equipment and associated Services as described in the Specifications. Accordingly, in the Specifications, where a manufacturer's name, catalog number, any patented article or a named system/Service is referenced, it is to designate a standard of quality, and the words "or equal" are understood to mean equivalent or better quality. Alternate Items/systems must be fully identified as such with descriptive literature to be submitted with the Bid. For example, the provision of the Vendor’s Item number is not sufficient as an Item description. If bidding on Items/systems/Services other than those specified, it is the responsibility of the Vendor to provide the trade designation, model number, manufacturer's name, and a detailed specification of Items/systems/Services he proposes to furnish, which can be in the form of a catalog with the page number of the alternate Item bid or samples supplied;

B. As it pertains to Items, ESBOCES may consider the purchase of alternate Items if they are clearly identified as such and samples are supplied. Upon receipt of samples, the equivalency of any alternate Item(s) will be reviewed and those Items found not to be equivalent will be rejected at the sole discretion of ESBOCES;

C. As it pertains to Items/systems/Services, ESBOCES’ decision whether an alternate or substitution is in fact "equal" shall be final. If no alternate Items/systems/Services are identified, the Bid will be accepted according to Specifications;

D. Any Vendor who substitutes awarded Items/systems after having stated that such Items/systems will be provided "as specified" may (1) have their Contract terminated, and (2) be liable for any expenses incurred as a result of said Contract termination;

E. If a substitution is not accepted by ESBOCES, the line Item and/or Bid, whichever is applicable, will be deemed non-responsive and the next lowest responsive Bid for said Items/systems shall then be reviewed for recommendation of award.

12. A. If Bidder is not charging for related supplies and/or piece of equipment, the Bidder must indicate

“no charge”;

B. All prices must be on the Cost Proposal Form provided.

13. When samples are a requirement of the Bid, such requirements shall be identified in the Specifications.

See Specifications for instructions on where to deliver samples for alternate Item(s).

14. In the event alternates are identified as not acceptable in the Specifications, do not submit an alternate.

15. Bids for the provision of material, supplies and equipment must provide for same that is standard, new, of latest model, and in current production, unless otherwise specified.

16. All regularly manufactured stock electrical materials, supplies and/or equipment provided must bear the label of Underwriter's Laboratories, Inc.

17. A. Prices shall be net, including transportation and delivery charges, fully prepaid by the Vendor to the destination indicated in the Bid and/or on the Purchase Order provided by ESBOCES. If award is made on any other basis, transportation charges must be prepaid by the Successful Vendor and added to the invoice as a separate line Item. In any case, title shall not pass until materials, supplies and/or equipment have been delivered and accepted by ESBOCES;

B. All prices submitted must be "per unit" and the extensions against each Item in the Bid as specified;

e.g., do not submit a Bid price "per case" when "per dozen" is specified, or Bid may be rejected.

In the event of a discrepancy between the unit price and the extension, the unit price will govern.

If individual quantity within unit specified varies from Bid, this must be clearly indicated. Prices shall be extended in decimals, not fractions, to no more than two (2) decimal places;

C. When the Bid Documents require bids for lump-sums, Bidder must bid on each Item in the lump-sum group. If Bidder is not charging for an Item in a group or for Services, the Bidder must indicate “no charge” or the Bid for the group or Service may be rejected.

18. Prices, and all required information, except signature of Bidder, should be typewritten for legibility.

Illegible or vague Bids may be rejected. Signatures may be written or electronic. Printed, or typewritten signatures are not acceptable. ESBOCES may confirm electronic signatures with the Bidder.

19. The non-collusive bidding certification must be filled out in its entirety and included with each Bid as required by General Municipal Law, Section 103-d. Under penalty of perjury, the Bidder certifies that:

A. The prices in the Bid have been arrived at by the Bidder independently and have been submitted without collusion with any other vendor of Services, materials, supplies, or equipment of the type described in the invitation for bids;

B. The contents of the Bid have not been communicated by the Bidder, or, to the Bidder’s best knowledge and belief, by any of its employees, or agents, to any person not an employee or agent of the Bidder or its surety on any bond furnished herewith prior to the official opening of the Bid.

20. A. The forms listed below must be completed and included with each Bid and all Bidders must sign this General Terms and Conditions portion of the Bid Documents under the section entitled Section (VIII) “Entire Agreement”.

1. Vendor Acknowledgement and Information Form – Exhibit A

2. Vendor Reference Form – Exhibit B

3. Non-Collusive Bidding Certification – Exhibit C

4. Disclosure Form – Exhibit D

5. Affidavit of Compliance Form – Exhibit E

6. Iran Divestment Act Compliance Rider – Exhibit F

7. Cost Proposal Form – Attachment A

8. Insurance Document (as required) – Attachment B

9. Any Addendums – Attachment C

Additional forms may be required for this Bid. It is the responsibility of the Bidder to return all required pages of this Contract.

B. Additionally, please indicate below if any of these areas are applicable:

______Minority Owned Business ______Woman Owned Business ______Dual Owned Business ______Company is currently registered with NYS as an MWBE–Certification # ______Company is willing to register with NYS as a MWBE

21. Bids must not be attached to or enclosed in the package containing Bid samples (if applicable).

22. The failure to submit a Bid on the forms provided by ESBOCES may be grounds for Bid rejection.

23. No interpretation of the meaning of the Bid Documents will be made to any Vendor orally. Every request for such interpretation should be in writing, addressed to ESBOCES. Any interpretations issued will be in the form of addenda to the Bid Documents. All addenda so issued shall become a part of the Bid Documents.

24. The Vendor Bid Documents should include the Cost Proposal Form in at least one of two permissible formats as follows: one paper printout and one CD or flash drive.

25. A. If the Specifications so state, Bidders may be required to furnish Bid security in the amount stated;

B. If the Specifications so state, the Successful Vendor may be required to furnish a performance surety in accordance with Bid Specifications to guarantee the faithful performance of the Bid.

Such performance surety shall be maintained in full force and effect until the Bid has been fully performed. The surety company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to ESBOCES. The Successful Vendor shall submit the performance bond within two (2) weeks of the award notification. All costs incurred are the responsibility of the Successful Vendor.

26. ESBOCES may make any investigation it deems necessary to determine the ability of the Bidder to perform the Services, and the Bidder shall furnish to the ESBOCES Board all such information and data for this purpose as the Board may request.

27. The quantities listed on the Cost Proposal Form are estimations, and the actual quantities purchased may exceed or be less than the estimated quantities of Items and/or Services that are listed. In the event that actual quantities differ from the estimations stated on the Cost Proposal Form, prices must still be honored by the Successful Vendor for the life of the Contract.

(III) AWARD AND RESERVATION OF RIGHTS

28. The Contract will be awarded to the lowest responsive and responsible Vendor who (i) meets the terms and conditions stated in the Bid Documents; (ii) completes all the required forms; and (iii) offers the lowest price for the Items and/or Services as indicated on the Cost Proposal Form. Depending on the Bid, there may be more than one Successful Vendor. Successful Vendor(s) must provide a W-9 upon request.

29. ESBOCES reserves the right to award by: each Item, Item classification or category; each Service, Service classification or category; by region; in part or in whole; and/or by utilizing estimated usage or a previously determined formula, whichever is in the best interest of ESBOCES.

30. ESBOCES reserves the right to reject any Bid if the Vendor fails to satisfy ESBOCES that they are properly qualified to carry out the obligations of the Contract. ESBOCES reserves the right to reject a Bid that is considered unbalanced by ESBOCES.

31. If not awarded, the Bid will be rejected within ninety (90) days of the date of the opening of Bids, subject, however, to the discretionary right reserved by ESBOCES to waive any informalities in, or to reject any or all Bids and to advertise for new Bids, if in its opinion, the best interests of ESBOCES will thereby be promoted.

32. ESBOCES reserves the right to reject all Bids. ESBOCES also reserves the right to reject, for cause, any Bid in whole or in part; and to waive any and/or all non-material defects, qualifications, irregularities, omissions, and informalities, in or to reject any and/or all Bids and to re-advertise for new Bids, if, in its judgment, the best interests of ESBOCES will be served.

33. The Contract will be utilized at the discretion of ESBOCES. Consequently, there is no guarantee that the specified minimum amount of Items or Services will be authorized.

34. ESBOCES reserves the right to inspect the Bidder’s physical facilities prior to award.

35. If two (2) or more Bidders submit identical Bids as to price, the decision of ESBOCES to grant an award to one (1) of such identical Bidders within its sole discretion shall be final.

36. ESBOCES reserves the right to purchase Items or Services on State, County or other Governmental

Agency contracts if such Items or Services can be obtained on the same terms, conditions, Specifications, and at a lower price, if applicable.

37. ESBOCES reserves the right to reject incomplete Bids. ESBOCES also reserves the right to reject any or all responses to this Bid, request additional data from a Bidder at any time, or to cancel this Bid in whole or in part.

38. ESBOCES reserves the right to reject Bids that impose conditions that would modify the terms and conditions of the Bid Documents or limit the Vendor’s liability to ESBOCES on the Contract awarded on the basis of such Bid.

39. ESBOCES reserves the right to reject any Bid where investigation and evaluation of the Vendor's qualifications indicate that the Vendor may not promptly and efficiently complete the Services as per the Bid Documents.

40. Each Bid will be received with the understanding that the acceptance thereof, in writing, by ESBOCES to furnish any or all of the Items, Services and related supplies and/or equipment described therein shall constitute a Contract between the Successful Vendor and ESBOCES (“Contract”). The Contract shall bind the Successful Vendor to furnish and deliver at the prices and in accordance with the conditions of this Bid. ESBOCES reserves the right to increase or decrease the Items and Services required as compared to the estimated quantities listed.

41. All Contracts, including pricing and with consideration to the appropriate escalation (as defined below in the Section of the Specifications entitled “Pricing / Escalation”), will be held firm for the duration of the Contract including any extensions agreed to in writing by ESBOCES and the Successful Vendor(s).

42. The placing in the mail of a notice of award to a Successful Vendor, to the address given in the Bid, will be considered sufficient notice of award of Contract and will be considered an acceptance of the Contract by the Successful Vendor.

43. Any addenda sent to the Bidders shall be binding and take precedence over the section of the original

Bid Document which it replaces.

44. If the Successful Vendor fails to deliver or provide the Services within the time specified, or within reasonable time as interpreted by ESBOCES, or fails to correct Items or Services that were provided insufficiently, or fails to replace rejected related supplies and/or equipment when so requested, immediately or as directed by ESBOCES, ESBOCES may purchase Items and Services from other sources to take the place of the Services or related supplies or equipment rejected, not delivered or not provided in accordance with the Bid Specifications. ESBOCES reserves the right to authorize immediate purchase of the Services from other sources when necessary. On all such purchases, the Successful Vendor agrees to reimburse ESBOCES promptly for excess costs occasioned by such purchases. Should the cost be less, the Successful Vendor shall have no claim to the difference.

45. At the sole discretion of ESBOCES, a Bid may be rejected and the Contract not awarded to a Vendor whose performance on any previous contract with ESBOCES has been determined to be unsatisfactory.

46. ESBOCES reserves the right to use outside vendors on an “as needed” basis, as determined by

ESBOCES.

47. Non- Assignment

A. The Successful Vendor will give its personal attention to the faithful performance of this Contract. It will not assign, transfer, convey, sublet, use brokers or otherwise dispose of this Contract, or its right, title or interest in or to the same or any part hereof, and it will not assign by power of attorney or otherwise any of the monies to become due and payable under this Contract, unless by and with the previous written consent of ESBOCES endorsed upon or attached to the assignment filed in said offices;

B. The Successful Vendor may not engage subcontractors, hire others to perform all or part of this Contract, nor otherwise delegate its obligations to perform under this Contract without the prior written approval of ESBOCES. Such subcontractors or others hired to perform shall be bound by the terms of this Contract;

C. In accordance with New York State General Municipal Law 109, at no time during the duration of any Contract resulting from this Bid, shall the Successful Vendor be allowed to assign any portion of this Contract to a third party without prior written approval by ESBOCES; and

D. In the event ESBOCES approves a subcontractor, it must be for like Services and ESBOCES must be billed in accordance with the Bid Contract awarded.

48. Termination of Contract

A. ESBOCES reserves the right to terminate the Contract, for any reason, in whole or in part upon fifteen (15) days written notice to the awarded Vendor. If the Contract is so terminated, ESBOCES shall be liable only for payment in accordance with the payment provisions of the Contract for materials, supplies, equipment or Services purchased or rendered prior to the effective date of termination. No early termination or other penalties may be charged to ESBOCES because of its decision to exercise this right;

B. In the event the Successful Vendor fails to deliver as ordered, or within the time specified, or fails to abide by any of the provisions of this Contract, such failure shall constitute a breach of Contract and may result in termination of the Contract by ESBOCES;

C. In the event of breach by the Successful Vendor, ESBOCES shall provide written notice to the Successful Vendor of such breach. If the Successful Vendor does not cure such breach within ten (10) days after receipt of such notice, ESBOCES reserves the right to terminate said Contract immediately thereafter. In the event of such termination, (i) the required materials, supplies, equipment and Services may be procured from other sources so that the continuity of the operations may be protected; (ii) the said Successful Vendor agrees to reimburse ESBOCES promptly for any excess costs occasioned by such procurement; and (iii) the said Successful Vendor agrees to reimburse ESBOCES promptly for any additional monetary expenditures occasioned by such procurement. However, should the Successful Vendor cure such breach and perform its obligations during such ten (10) day notice period, the Contract shall continue in full force and effect;

D. In the event ESBOCES agrees, upon Successful Vendor’s request, to terminate/rescind a line Item(s) or a particular Service(s) under the Contract, due to Successful Vendor’s inability to provide such Item(s)/Service(s), (i) the required materials, supplies, equipment and Services (if applicable) may be procured from other sources so that the continuity of the operations may be protected; (ii) the Successful Vendor agrees to reimburse ESBOCES promptly for excess costs occasioned by such procurement; (iii) the Successful Vendor agrees to reimburse ESBOCES promptly for any additional monetary expenditures occasioned by such procurement; and (iv) Successful Vendor must continue to fulfill all purchase orders in accordance with the Bid Documents for those Items/Services not terminated.

49. Force Majeure

ESBOCES and/or the Successful Vendor shall not be held responsible for any losses resulting if the fulfillment of the terms of the Contract that shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, epidemics, pandemics, government orders, or any other acts not within the control of ESBOCES and/or the Successful Vendor, and which, by the exercise of reasonable diligence, ESBOCES and/or the Successful Vendor are unable to prevent.

50. Severability

Should any provision of this Contract, for any reason, be judicially declared invalid and/or unenforceable, such declaration shall not affect the validity of the remaining provisions, which shall remain in full force and effect as if the Contract had been executed with the invalid provision(s) eliminated.

51. Failure to Enforce

ESBOCES’ failure to enforce at any time, or for any period of time, the provisions of this Contract shall not be construed to be a waiver of such provisions or of the right to enforce each and every provision.

52. Indemnification and Hold Harmless

The Successful Vendor agrees to defend, indemnify and hold harmless ESBOCES, its officers, directors, agents, or employees against all claims, costs, damages and expenses, including attorneys’ fees, judgments, fines and amounts arising from any willful act, error or negligence of the Vendor, its officers, directors, agents or employees in relation to the performance of the Contract.

53. Venue

The Bid/Contract shall be interpreted in accordance with the substantive and procedural laws and regulations of the State of New York and applicable Federal laws and regulations. Any lawsuit(s) concerning the Bid/Contract will be brought and adjudicated in Supreme Court, Suffolk County.

(IV) GUARANTEES BY THE SUCCESSFUL VENDOR

54. The Successful Vendor Guarantees:

A. Materials, supplies and equipment/equipment parts against defective material or workmanship and to repair or replace any damages or marring occasioned in transit;

B. To furnish liability insurance in accordance with the Bid Documents for protection in the event of damage(s) of any kind for which Successful Vendor or Successful Vendor’s organization is responsible;

C. To carry insurance in accordance with the Bid Documents to protect ESBOCES from loss in case of accident, fire, theft, etc.;

D. To provide valid insurance documents to Eastern Suffolk BOCES within two (2) weeks of Bid award;

E. All Services shall be guaranteed for a period of one (1) year from date of acceptance by ESBOCES.

All parts and materials shall be guaranteed for a minimum period of two (2) years against defective material or in accordance with manufacturer warranty, if longer than two (2) years;

F. All deliveries will be equal to the accepted Bid sample, if applicable;

G. All materials, supplies and equipment(s) are standard, new, latest model, of regular stock product or as required by the Bid Documents with parts regularly used for the type of materials, supplies and equipment offered, and no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. If during the guarantee period specified in Paragraph 54, Section E above, defective workmanship or materials are discovered, the Successful Vendor agrees to replace the materials, supplies and equipment or the part affected without cost to ESBOCES. All such replacements shall carry the same guarantee as the original materials, supplies and equipment in accordance with Paragraph 54, Section E above. The Successful Vendor shall make any such replacement immediately upon receiving notice from

ESBOCES.

(V) SUCCESSFUL VENDOR INSTRUCTIONS / RESPONSIBILITY

55. The Successful Vendor must follow the rules and regulations of ESBOCES where work pursuant to the Bid is being performed. This includes, but is not limited to, Vendor employees wearing photo identification cards. Refer to the following web link for the ESBOCES Board policies:

http://edocsp@esboces.org/.

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

(V) a. Delivery

57. No Items, Services, supplies and/or equipment are to be shipped or delivered until receipt of an authorized purchase order from ESBOCES.

58. When supplies and/or equipment are rejected or the delivery is incorrect, such supplies and/or equipment must be removed at the expense of the Successful Vendor from the premises of ESBOCES within fifteen

(15) days of written notification. Rejected supplies and/or equipment left longer than fifteen (15) days will be regarded as abandoned, and ESBOCES shall have the right to dispose of the rejected supplies and/or equipment as its own property.

59. Delivery must be made as ordered and in accordance with the Bid Documents. If delivery instructions do not appear on the purchase order, it will be interpreted to mean immediate delivery. The decision of ESBOCES as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the Successful Vendor.

60. ESBOCES will not schedule deliveries for Saturdays, Sundays, or legal holidays, except where the convenience of ESBOCES shall govern. Deliveries shall be made between the hours of 8:00 a.m. and 3:30 p.m., unless otherwise instructed.

61. Related supplies, Items and/or equipment shall be securely and properly packed for shipment, storage, and stacking in new shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling or sacks.

62. The Successful Vendor shall be responsible for delivery of related supplies, Items and/or equipment in good condition at point of destination. Vendor shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from Vendor invoices. The ESBOCES receiving unit will notify the Successful Vendor when packages are not received in good condition. Successful Vendor will replace all such damaged supplies, Items and/or equipment without waiting for claim adjustments from carriers.

http://edocsp@esboces.org/

63. Unless otherwise stated in the Specifications, all related supplies, Items and/or equipment must be delivered into and placed at a point within the building. The Successful Vendor will be required to furnish proof of delivery in every instance.

64. All deliveries shall be accompanied by packing slips and each packing slip must contain the following information for all supplies, Items and/or equipment delivered:

Purchase Order Number Name of Person to Receive Delivery Address of Delivery Name of Article Quantity Name of - Successful Vendor

Failure to comply with this condition can be considered sufficient reason for refusal to accept the supplies, Items and/or equipment.

65. A. Each carton shall be labeled with the purchase order number, name of person who will receive delivery and general statement of contents. Failure to comply with this condition can be considered sufficient reason for refusal to accept the supplies, Items and/or equipment.

B. When determining pricing, Delivery is included in each price bid, including where multiple deliveries may be required.

See Specifications for additional Delivery information.

(V) b. Payments

66. Successful Vendor may not submit an invoice prior to the fulfillment of the purchase order or project.

Successful Vendor must submit invoice within thirty (30) days of fulfillment of the purchase order unless otherwise indicated in the Specifications below. In the event the Successful Vendor does not submit an invoice within such thirty (30) days, the Successful Vendor may not be considered for future awards and/or ESBOCES may find the Successful Vendor in breach of Contract.

67. Payment shall be made, in US currency, within sixty (60) days following the receipt of a correct, original invoice. When Items are not promptly delivered, the Successful Vendor may request ESBOCES to make a partial payment after more than 50% of the dollar value of the order has been received and invoiced accordingly.

68. Vendor’s invoices must reflect Bid pricing as provided in the Cost Proposal Form, e.g., Cost Proposal

Form notes (i) per hour, invoice should break down hourly; or (ii) per unit of measure, invoice should break down unit of measure in the same manner as the Cost Proposal Form. In the event pricing does not match what is provided in the Cost Proposal Form, payment may be held up until such discrepancy is resolved to the satisfaction of ESBOCES Accounts Payable Department.

69. Payment of any invoice shall not preclude ESBOCES from making a claim for adjustment on such invoice where the materials, supplies, equipment and Services (if applicable) provided were not in accordance with the Bid Documents.

70. No charges will be allowed for cases, boxes, bottles, etc., and no charges will be allowed for freight expenses, expressage or cartage. Cases, boxes, bottles, etc. will be removed by the Successful Vendor at no expense to ESBOCES.

(V) c. Toxic Substance

71. The Successful Vendor must supply information on any related supplies and/or equipment which contain any substance that is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substance or which has yielded positive evidence of acute or chronic health hazards in human, animal, or other biological testing. Such information shall be sent to ESBOCES and shall be in conformance with New York State Law. Such information shall include:

A. The name or names of the toxic substance including the generic or chemical name;

B. The trade name of the hazardous chemical and any other commonly used name, if known;

C. The level at which exposure to the substance is determined to be hazardous, if known;

D. The acute and chronic effects of exposure at hazardous levels;

E. The symptoms of such effects;

F. The potential for flammability, explosion, and reactivity of such substance;

G. Appropriate emergency treatment;

H. Proper conditions for safe use and exposure to such toxic substance;

I. Procedures for clean-up of leaks and spills of such toxic substance.

Each Successful Vendor furnishing a toxic substance, as defined by Section 875 of New York State Labor Law, to ESBOCES shall provide at least two (2) copies of a safety data sheet (SDS), which shall include for each substance the information outlined in Section 876 of New York State Labor Law. For additional information, Chapter 551 of the Laws of New York, 1980, Article 28 (toxic substances) can be found on pages TS-1 and TS-2.

(V) d. Prevailing Wages - Applicable to Article 8 and Article 9 services

72. Please note that effective December 30, 2024, Labor Law Section 220-i(6) requires all Vendors/contractors and subcontractors submitting bids/RFP’s or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law to register with the New York State Department of Labor under Labor Law Section 220-i. This is a new law that goes into effect on December 30, 2024. Private projects subject to Article 8 of the Labor Law include those covered by Labor Law Sections 224-a (public subsidy funded projects), 224-d (renewable energy systems), 224-e (broadband projects), 224-f (climate risk-related and energy transition projects, and roadway excavations). This section requires Vendors/contractors to submit a copy of their Certificate of Registration with their Bid/RFP submission.

73. The Successful Vendor must comply with the provisions of the New York State Labor Law section 220, pertaining to the payment of prevailing wage rates. The cost of such compliance shall be borne entirely by Vendor, who shall hold the ESBOCES harmless from any claims, demands or penalties arising from vendor’s failure to comply with the above. The required prevailing wage rate schedule is part of this document. Requests for payment must include certified payrolls and/or certified transcripts thereof for all workers. At minimum, certified payrolls and/or transcripts thereof must show the following information for each person employed: name, in classification which worker was employed, hourly wage rate(s) paid, supplements paid or provided, and daily and weekly number of hours worked for each classification. In the event the prevailing wage rate increases during the term of the Contract, the Bid prices shall stand.

74. The Successful Vendor pursuant to the provisions of Section 220 of the Labor Law, as amended, shall comply with determinations of the State Industrial Commission as to schedules of wages and supplements to be paid to all laborers, workmen and mechanics employed in connection with the work. The hourly wage rates paid to laborers, workmen and mechanics by vendor shall not be less than the prevailing union scale at the time such labor is performed. Overtime will be paid in accordance with the prevailing wage schedule.

75. ESBOCES has applied for and has received a PRC number 2025001897 for this project, which has been included with the Bid Documents. The Successful Vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from any Bid award. Current rates are available by calling the NYS Department of Labor at (516) 228-3915.

Rates are also available on the Department of Labor’s website located at:

http://www.labor.ny.gov/workerprotection/publicwork/OWSaccess.shtm

76. The Successful Vendor agrees to verify all rates with the New York State Department of Labor prior to submitting a Bid and prior to doing any work for the ESBOCES as well as to establish which of those workers involved in any part of a Contract for the ESBOCES are required by law to receive said rates.

77. Vendors currently on the NYS Labor Department debarred list will not be considered for award of this Contract. By submitting a Bid for consideration, the Vendor is indicating to the ESBOCES that they are currently in good standing with the NYS Department of Labor at the time of the Bid Submission.

(VI) TAX LAW CERTIFICATION REQUIREMENT

78. Tax Provisions: Purchases made by ESBOCES are not subject to state or local sales taxes or federal excise taxes.

To satisfy the requirements of the New York State sales tax, either the purchase order issued by an agency or institution of New York State for supplies or equipment or the voucher forwarded to authorize payment for such supplies and equipment will be sufficient evidence that the sale by a contractor or vendor was made to the State of New York, an exempt organization under Section 1116(a) (1) of the New York State Tax Law.

Exemption certificates for federal excise taxes will be furnished upon request.

No person, firm, or corporation is, however, exempt from paying the New York State truck mileage and Unemployment Insurance or the federal social security taxes.

Effective April 28, 2006, Laws 2004, Chapter 60, Part N Tax Law, Section 5-a, as amended, became effective and applies to contracts resulting from solicitations to purchase products or services issued by covered agencies for contracts valued in excess of $100,000.

The law requires that vendors, prior to approval of contracts valued at more than $100,000, certify that they, their affiliates, subcontractors and the affiliates of their subcontractors have a valid certificate of authority to collect New York State and local sales and compensating use taxes if the vendors, affiliates, subcontractors and the affiliates of their subcontractors have made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, during the four quarterly periods ending on the last day of February, May, August, and November which immediately preceded the quarterly period in which this certification is made.

Vendors must also certify to the contracting covered agency, at specified intervals during the terms of multi-year contracts and those contracts subject to renewal upon expiration of an initial or renewal term that they, as well as their affiliates and subcontractors making sales delivered within New York State, have a valid certificate of authority to collect New York State and local sales and compensating use taxes.

http://www.labor.ny.gov/workerprotection/publicwork/OWSaccess.shtm

Proposed Vendors to New York State are hereby notified that provisions to meet the statutory requirements will be contained in all Bid Documents for products and services valued in excess of $100,000. Proposed Vendors will be required to affirm, immediately upon request by the Office of General Services if affirmation is not contained in the Bid Documents, that proposed Vendors, and to the best of their ability that their affiliates, subcontractors and subcontractors’ affiliates are duly registered with the Tax Department and hold a valid certificate of authority.

The Tax Department is prepared to answer all questions relating to implementation of this law. Please refer to the Tax Department’s web site for detailed information: http://www.tax.ny.gov/. The Tax Department may also be reached at 1-518-485-9863 for additional clarification.

(VII) MARKETING CLAUSE

79. A. The Successful Vendor is prohibited from selling or marketing products for any purpose which is prohibited under Federal or New York State Law or the Regulations and decisions of the Commissioner of Education. Any violation of this provision shall be considered a breach of contract and may result in termination of the Contract;

B. The Successful Vendor agrees that ESBOCES may periodically review marketing materials distributed by Successful Vendor and/or the Successful Vendor’s website. In the event ESBOCES becomes aware that such marketing materials and/or Successful Vendor’s website contain statements or claims which ESBOCES determines advocate for the use of Successful Vendor’s products in a manner which would violate or are in violation of Federal law, New York State Law, or the rules and regulations of the Commissioner of Education, ESBOCES may notify Successful Vendor of such materials and request that they be removed. In the event Successful Vendor refuses or fails to remove such materials after being so notified, ESBOCES may, in its sole discretion, terminate this Contract.

(VIII) ENTIRE AGREEMENT

80. This contract is the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations, or communications, oral or written, of either party. No additional terms and conditions shall be accepted unless added as addenda by ESBOCES and at the sole discretion of ESBOCES.

All Bidders must sign below to verify that the above has been read and that the terms and conditions of the Bid Documents will be adhered to. In the event Bidder does not sign below, the Bidder may be deemed non-responsive.

Signature

Firm Name http://www.tax.ny.gov/

Board of Cooperative Educational Services First Supervisory District of Suffolk County

201 Sunrise Highway Patchogue, New York 11772

SPECIFICATIONS

Bid #25-48-0424: Ceiling Track Lift Systems

(I) PURPOSE

1. The purpose of this Bid is to obtain pricing and contract with a qualified Vendor(s) to provide pricing to furnish and install ceiling track lift systems, as indicated in these Specifications, for various ESBOCES locations. .

(II) ITEMS REQUIRED / REQUIREMENTS

2. A. Pricing for the below ceiling track lift systems must be entered on the Cost Proposal Form

B. The Successful Vendor must furnish and install five (5) Ceiling Track System Series 2800 and two (2) model 4H45DAF bracket support systems manufactured by SureHands Lift & Care Systems (“SureHands”) or approved equal, in four separate ESBOCES locations including the changing room at Brookhaven Learning Center East, 351 Martha Avenue, Bellport, NY 11713, the changing room at Brookhaven Learning Center West, 353 Martha Avenue, Bellport, NY 11713, the OT/PT Room, Boys Lavatory, and Girls Lavatory all at Samoset Middle School, 1 School Street, Lake Ronkonkoma, NY 11779, and rooms 14 and 15 at Premm Learning Center, 1200 Montauk Highway, Oakdale, NY 11769.

C. All equipment and parts provided must be new and warrantied by the manufacturer.

D. All work to be coordinated and scheduled with ESBOCES, BBS Architects and other contractors on the project.

E. All model numbers referenced are as manufactured by SureHands F. Installation and maintenance shall be accomplished by manufacturers certified installers.

Installer is to provide active proof of certification to install manufacturer lift systems.

G. A pre-bid walk through is strongly suggested and can be scheduled with James O’Hagan at 631-

472-8775.

H. Successful Vendor shall pay its employees the “prevailing rate of wage” as defined in Section

220 of the New York State Labor Law, Schedule of Wage Rates. ESBOCES will require proof of payment of the employee’s workers reflecting the prevailing rate of wages, through certified payrolls and/or certified transcripts thereof as required by the Department of Labor;

I. All Services must be performed in accordance with the National Code, current edition, and all state and local codes;

J. ESBOCES reserves the right to assign its personnel to assist the Successful Vendor’s mechanics if they deem it to be in their best interest;

K. All Services shall be guaranteed for a period of one (1) year from date of acceptance by ESBOCES. All parts and materials shall be guaranteed for two (2) years or in accordance with manufacturer’s warranty if greater than two (2) years;

L. In the event the services cannot be performed in accordance with the agreed upon time schedule by the Successful Vendor, other sources may be called upon to perform the Services;

M. Successful Vendor is to have all the Services done in the best workmanlike manner, and shall clean up and remove all debris and rubbish resulting from its Services from time to time, as required or directed. Upon completion of the Services, the premises shall be left in a neat, unobstructed condition, the buildings broom clean, and everything in satisfactory repair and order;

N. Related supplies and/or equipment (including tools) shall be stored at the site only upon the approval of ESBOCES at the Successful Vendor’s risk. Generally, such on-site storage should be avoided to prevent possible damage or loss;

O. Services shall progress so as to cause the least inconvenience to ESBOCES and with proper consideration for the rights of other persons on site. The Successful Vendor shall perform the Services promptly with due regard for coordination of scheduling work, if any;

P. Installation shall include the furnishing of any rigging necessary to move equipment into the building and the removal and resetting of any removable windows used for moving equipment into the building;

Q. Successful Vendor shall acquaint itself with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required;

R. Successful Vendor shall furnish adequate protection from damage for all Services and shall repair damages of any kind for which Successful Vendor and/or its employees are responsible;

S. Successful Vendor may not impose a fuel charge under any name; and T. Successful Vendor must ensure that its employees abide by the prohibition against smoking at

ESBOCES’ sites.

U. Installation to be performed on Saturday 7AM to 3PM, or Monday to Friday, 2PM to 10PM.

Dust control is of highest priority during and after all installations.

(II)a. DETAILED SPECIFICATIONS

3. The SureHands Series 2800 System or approved equivalent, must satisfy the following standard features:

A. Ceiling motors are to support 400 lb maximum load, mechanical emergency down.

B. All rail components, rail supports (3833), white bolt caps for rail support fasteners, support brackets, safety brackets, pivoting support brackets, splicers and connection support brackets shall be made of aluminum with a white powder coat, lacquered finish.

C. Rails (3803) and curves shall be manufactured from aluminum with white powder coating with lacquered finish. Each termination of a track shall have an end stop (3720) with spring and a protective plate.

D. Curves will come in 90 and 45 degree segments.

E. Rail fasteners shall be Inbus M6x8 din 916.

F. ESBOCES is responsible for line voltage electrical requirements for the SureHands or equivalent, motor systems. Any SureHands or equivalent motors that require Control wiring, field wiring, and or programming if applicable, are the responsibility of the Successful Vendor.

G. Successful Vendor to provide sketches of threaded rod and Unistrut system for each location for review by BBS Architects to meet Sure Hands load rating and approved structural method of support construction with their Bid submission.

H. SureHands, or equivalent, model and part numbers to be provided by Vendor along with Bid submission

I. Successful Vendor is responsible to furnish all required parts to construct and install the full system(s).

J. Existing Conditions at ESBOCES locations:

1. 120VAC shall be provided by ESBOCES

2. ESBOCES completed an Asbestos Hazard Emergency Response Act (AHERA) audit and found that ceiling structure and finishes are non-asbestos containing materials.

K. Location One: Changing Room at BLC East - equipment and parts requirements:

1. One (1) SureHands 2800 System motor

2. One (1) SureHands spreader bar

3. One (1) SureHands charger

4. Two (2) SureHands 90 degree curves

5. One (1) SureHands 3 meter straight rail

6. Ten (1) SureHands mounting brackets

L. Location Two: Changing Room at BLC West - equipment and parts requirements:

1. One (1) SureHands 2800 System motor

2. One (1)…