HVAC Repair Spec RFB-2186-27.pdf

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 1

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

SECOND SUPERVISORY DISTRICT OF MONROE AND ORLEANS COUNTIES

3599 BIG RIDGE ROAD

SPENCERPORT NY 14559

COOPERATIVE HVAC REPAIR, MAINTENANCE AND INSTALLATION SERVICE SPECIFICATIONS

FOR THE CONTRACT PERIOD 01/01/27 – 12/31/27

RFB-2186-27

Bids will be opened at 2:00 p.m. on November 5, 2026, at 3599 Big Ridge Road, Spencerport NY. Bid documents, including specifications, bid forms, and addendums can be obtained at www.bidnetdirect.com. Questions related to bid documents should be directed in writing to Wendy Vergamini, Director of Procurement, at wvergami@monroe2boces.org. Questions must be received no later than five (5) business days prior to the bid opening date and time.

BID INSTRUCTIONS

1. Read all bid documents contained in this package.

2. Please comply with the following instructions in completing your bid:

• Non-Collusion Certification

• Iran Divestment Act Certification

• Indemnification Agreement

• Vendor’s Customer References

• Vendor’s Company Information

• Vendor’s Contact List

• Price sheet which must be submitted on a flash drive AND a paper copy

• Signature page must be signed and returned with the bid

• Provide certificate of liability insurance

• Provide worker’s compensation coverage

• Provide Technician certifications (page 10)

3. Provide a completed W-9.

4. Return the completed forms/documents in a sealed envelope with the exterior mailing package labeled with the bid title, bid number, vendor’s name, and vendor’s address to the following:

Wendy Vergamini, Director of Procurement Monroe 2-Orleans BOCES

3599 Big Ridge Road Spencerport NY 14559

5. Bids must be received prior to the bid opening date and time listed above.

6. Monroe 2-Orleans BOCES reserves the right to reject any bid not following the above instructions or meeting the specifications and general conditions.

7. Awards will be posted at www.bidnetdirect.com when finalized.

http://www.bidnetdirect.com/ mailto:wvergami@monroe2boces.org http://www.bidnetdirect.com/

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 2

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

SECOND SUPERVISORY DISTRICT OF MONROE AND ORLEANS COUNTIES

3599 BIG RIDGE ROAD

SPENCERPORT NY 14559

LEGAL NOTICE TO VENDORS

COOPERATIVE HVAC REPAIR, MAINTENANCE AND INSTALLATION SERVICE

The Board of Cooperative Educational Services of Monroe and Orleans Counties, in accordance with Section 103 of Article 5A of the General Municipal Law, hereby invites the submission of sealed bids for the above-mentioned requirements for the following participating school districts:

Churchville-Chili CSD East Rochester UFSD Fairport CSD Greece CSD Penfield CSD Spencerport CSD Webster CSD West Irondequoit CSD Wheatland-Chili CSD Monroe 1 BOCES Monroe 2-Orleans BOCES

Bids will be received at the Monroe 2-Orleans BOCES Educational Services Center, 3599 Big Ridge Road, Spencerport NY until 2:00 p.m. on November 5, 2026, at which time all bids will be publicly opened. The instructions to vendors, specifications, and bid documents can be obtained from the above office. No vendor may withdraw their bid within 60 days after actual date of opening.

Date October 9, 2026 Director of Procurement

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 3

NON-COLLUSION CERTIFICATION

FIRM NAME______________________________________________________________________________________

BUSINESS ADDRESS______________________________________________________________________________

TELEPHONE NUMBER DATE OF BID _______________________________

I. General Bid Certification

The vendor certifies to 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 vendor certifies 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 goods sold or to be sold, shall contain the following statement subscribed by the vendor and affirmed by such vendor as true under the penalties of perjury: non-collusive bidding certification.

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

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication as to any matter relating to such prices with any other vendor 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 vendor and will not knowingly be disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor and,

(3) No attempt has been made or will be made by the vendor 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 complied with;

provided, however, that if in any case the vendor cannot make the foregoing certification, the vendor shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons, therefore. 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 vendor (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers 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 vendor 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 vendor, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

III. The vendor certifies that he is aware of, and will comply with, the provisions of the State Labor law applicable to independent vs regarding conditions of employment, including payment of minimum wages, if this bid results in a labor and material type construction contract.

Authorized Signature and Title Date

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 4

IRAN DIVESTMENT ACT CERTIFICATION

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Vendor (or any assignee) certifies that it is not on the “Entities Determined To Be Non-Responsive Vendors 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, Vendor 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 Monroe 2-Orleans BOCES receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, Monroe 2-Orleans BOCES 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 Monroe 2-Orleans BOCES shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Vendor in default.

Monroe 2-Orleans BOCES reserves the right to reject any bid, void any contract with the vendor, 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

Date Company Name

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 5

INDEMNIFICATION AGREEMENT

The vendor agrees:

(a)that except for the amount, if any of damage contributed to, caused by or resulting from the negligence of the bid participant(s) named herein, the vendor agrees to indemnify and hold harmless the participating districts, their officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the vendor or third parties under the direction or control of the vendor; and

(b)to provide defense for and defend, at its sole expense, and all claims, demands or causes of action directly or indirectly arising out of the agreement and to bear all costs and expenses related thereto.

AUTHORIZED SIGNATURE

DATE

NOTARY PUBLIC

DATE

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 6

VENDOR’S CUSTOMER REFERENCES

Vendors are required to provide three customer references from NYS school districts, BOCES, or public bodies for whom the vendor has supplied similar installation services.

Company Name _____________________________________________________________________________

1. Customer Name ___________________________

Address ____________________________

Contact Person ____________________________

Phone # ____________________________

Email Address ____________________________

2. Customer Name ___________________________

Address ____________________________

Contact Person ____________________________

Phone # ____________________________

Email Address ____________________________

3. Customer Name ___________________________

Address ____________________________

Contact Person ____________________________

Phone # ____________________________

Email Address ____________________________

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 7

VENDOR’S COMPANY INFORMATION

Vendors are required to provide the following company information below:

Company Name ________________________ Phone Number ________________________

Address ________________________ Fax Number ________________________

Bid questions contact ________________________ Phone Number ________________________

Email Address ________________________

Billing Contact ________________________ Phone Number ________________________

Title ________________________ Email Address ________________________

VP Sales/Sales Manager_________________________ Phone Number ________________________

Title ________________________ Email Address ________________________

Standard Payment Terms________________________ (standard = n30days)

Early Payment Terms ________________________ (list days and % discount)

If a unique reference number is required on the purchase orders because of this bid, please list it here_______________________

Can your company accept payments using a bank issued credit card? ____________________

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 8

VENDOR’S CONTACT LIST

Vendors are required to provide customer service representative contacts for each of the participating districts who are available to respond to requests for repair, maintenance and installation service.

Company Name ____________________________________________________________________________

District Customer Service Representative Name Phone / Email

Churchville-Chili CSD ________________________________ _____________________________

East Rochester UFSD ________________________________ _____________________________

Fairport CSD ________________________________ _____________________________

Greece CSD ________________________________ _____________________________

Monroe 1 BOCES ______________________________ _____________________________

Monroe 2-Orleans BOCES_______________________________________ _____________________________

Penfield CSD ________________________________ _____________________________

Spencerport CSD ________________________________ _____________________________

Webster CSD ________________________________ _____________________________

West Irondequoit CSD ________________________________ _____________________________

Wheatland-Chili CSD ________________________________ _____________________________

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 9

SCHOOL DISTRICT CONTACTS

Churchville-Chili CSD: William Sanborn wsanborn@cccsd.org 585-301-7349

East Rochester UFSD: John Conti John.Conti@erschools.org 585-421-2046

Fairport CSD: Aaron Smith aaron.smith@fairport.org 585-421-2046

Greece CSD: Kurt Keller kurt.keller@greececsd.org 585-261-5792

Penfield CSD: Kimberly Adorante kadorante@penfield.edu 585-249-5730

Spencerport CSD: Jeff Mochan jmochan@spencerportschools.org 585-349-5195

Webster CSD: Richard Whitbourne richard_whitbourne@webstercsd.org 585-766-3186

West Irondequoit CSD: Tyler Johnson Tyler_Johnson@westiron.monroe.edu 585-336-3009

Wheatland-Chili CSD: Steve Farrell steven_farrell@wheatlandchili.org 585-889-6217

Monroe 1 BOCES: Richard Pavone richard_pavone@boces.monroe.edu 585-249-7066

Monroe 2-Orleans BOCES: Travis Sleight tsleight@monroe2boces.org 585-352-2655 mailto:wsanborn@cccsd.org mailto:John.Conti@erschools.org mailto:aaron.smith@fairport.org mailto:kurt.keller@greececsd.org mailto:kadorante@penfield.edu mailto:jmochan@spencerportschools.org mailto:richard_whitbourne@webstercsd.org mailto:Tyler_Johnson@westiron.monroe.edu mailto:steven_farrell@wheatlandchili.org mailto:richard_pavone@boces.monroe.edu mailto:tsleight@monroe2boces.org

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 10

SPECIFICATIONS

This request for bid is for repair, maintenance and/or installation service for HVAC equipment, on an as-needed basis for the listed participants, as well as emergency requests. The award will be recommended to the lowest responsive and responsible vendor.

PRICE SHEET INSTRUCTIONS

The bid is to be submitted on the price sheet provided. Vendors should complete the shaded areas on this form (for no bid items leave the cells blank). Vendors are to submit a completed price sheet in an excel format on a flash drive and a paper copy. NO BIDS MAY BE SUBMITTED VIA EMAIL OR FAX.

A vendor is to bid only on the service areas they can fulfill. Bid pricing submitted are for hourly rates for straight time and overtime. The vendor is to identify what hours are straight time and what hours are for overtime. Installation requests may be needed for after-school hours. The markup percentage is defined as the percentage over the vendor’s cost that will be applied to materials/parts used to complete the service.

All shaded boxes are to be completed for each bid submitted. If any computational error is discovered, the hourly rate and the materials/parts markup percentage will be used to recalculate the totals and determine the low vendor.

ESTIMATED QUANTITIES

The quantities on the price sheet forms are estimated quantities for the number of service hours and the amount of materials/parts to be used during the contract period. These estimates do not guarantee maximum or minimum quantities for the contract period.

VENDORS

In determining the qualifications of a vendor, the record of performance of any similar contract previously entered into with any bid participant or any other public body will be considered. Monroe 2-Orleans BOCES reserves the right to reject any vendor deemed not properly qualified to carry out the obligations of the contract.

The vendor must certify in writing that they have the ability to service multiple locations and school districts during an emergency within four hours and routine service calls within 24 hours of notification. A longer period is to be agreed upon by the ordering district.

In addition, the vendor is to be able to respond to requests for job estimates within two (2) working days upon notification. Responses defined as contacting the participant and scheduling a meeting to discuss the project requirements, will not be required to occur during the two-day timeframe. The Participants reserve the right to go to the Second Vendor for the project if the Prime Vendor fails to respond as defined above. If neither the Prime nor the Second Vendor respond accordingly the Participants reserve the right to go outside of the contract for the project. The time used by the Vendor’s for inspecting and developing estimates are at no additional cost to the Participants.

All operations connected with the work herein specified, all county and town ordinances and laws controlling or limiting in any way the action of those engaged in the work must comply with county and town ordinances. Vendor must obtain all licenses, permits and fees as required to execute this contract.

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 11

VENDORS (continued)

All service personnel are to be appropriately dressed and display visible identification when entering the buildings of any participating school district and follow established sign-in procedures. In addition, the vendor’s employees that are recommended to the project will need to pass the Raptor Background check if requested by the participant.

The vendor must submit with their bid their technical certification to illustrate they have qualified technicians, customer service representatives, equipment, and service vans required to complete the request. Failure of any of these qualifications will be deemed reason for bid rejection or contract termination. Bid participants are not obligated to contract with an awarded vendor who cannot meet the service requirements. The vendor agrees to utilize diligence and their best effort to estimate the cost of the service and to complete the installation by meeting or exceeding industry standards.

Service personnel shall have a minimum of three years’ experience in HVAC repair, maintenance and installation service. Resumes are to be made available upon request.

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 BOCES 2 that they are currently in good standing with the NYS Department of Labor at the time of the bid award.

Vendor is to hold an office location within 50 miles of all participants.

QUOTATIONS AND ORDERING

The awarded vendor (s) must be able to respond to requests for job estimates within two working days of the request and respond to emergencies within (4) hours. Participants reserve the right to purchase service, materials, parts, and equipment from other bids allowable under NYS General Municipal Law.

The participants reserve the right to go to the Second Vendor if the Prime Vendor fails to respond as defined above. If neither the Prime nor the Second Vendor respond accordingly, the Participants reserve the right to go outside of the contract for the project. The time used by the vendor (s) for inspecting and developing estimates is to be at no additional cost to the Participants.

Written quotations are to provide a “not to exceed” estimate for each work project prior to commencement of any work. Estimates must include:

• Scope of work.

• Total labor cost with breakdown of:

1) The number of workers required,

2) Title and hourly rate of each required worker.

3) The number of hours required for each worker with the hourly break down of straight time, overtime and holiday hours,

• The cost of the total materials/parts with the detailed breakdown of materials/parts required for the job,

• The number of hours/days to complete the job,

• After receiving a purchase order, the vendor can begin the job.

• Expiration date of the estimate.

• Reference the bid #RFB-2186-27 on all estimates/quotes.

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 12

QUOTATIONS AND ORDERING (continued)

Should the Participant(s) deem the quote to be in excess of what the Participant(s) is willing to pay for that project, the Participant(s) reserves the right to reject the quote and go to the Second Vendor and request a quote for the same project scope and time frame.

In addition, if the Prime Vendor does not return the Short-Term Contract/Quote Form within the timeframe required or is not available when contacted to perform emergency work, the Participants reserve the right to go to the Second Vendor.

If the Prime and the Second Vendors do not return the Short-Term Contract/Quote Form within the timeframe required, and are not available when contacted to perform emergency work, or quotes are in excess of what the Participant(s) is willing to pay for the particular Project, the Participants reserve the right to go outside the contract for that particular project.

The Participant(s) will give the Prime Vendor the first opportunity to perform the service, unless a pattern of non-responsiveness is shown, excessive pricing occurs, and/or the vendor is not abiding by the invoice requirements at which time the Prime Vendor's contract may be terminated, and the Second Vendor shall become the Prime.

Note: No work is to proceed, or materials ordered until a purchase order is received by the Vendor for each specific project.

CHANGES: If changes in the work are required after a purchase order is issued:

a) An email with the purchase order number and value of change must be sent to the Participant contact within 24 hours of change.

b) A return email confirming receipt should be returned for the Vendor’s records.

c) In the event a change requires adjustment in costs to the purchase order, the following methods may be used:

a. Agreed upon lump sum in writing.

b. Verified breakdown of cost for labor and materials per the awarded prices.

c. In no event may the vendor stop the work due to an inability to arrive at an agreed upon method of billing but must proceed "under protest".

UNPLANNED WORK/SERVICE CALLS:

Work/service calls are to be provided during and after normal work hours, twenty-four (24) hours a day, 7 days a week, including holidays. Response time for this type of service call shall not exceed four (4) hours unless predetermined by an authorized Participant(s) representative’s approval. Should any repair work be performed without authorization payment will not be made. Failure to meet these requirements can result in the Participant

(s) moving to the Second Vendor.

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 13

INVOICES

Invoices must be specific to the participant that issued the order. Invoices must be accurate, noting the purchase order number with the details of the service e.g. materials, parts, equipment provided. Provide all credits due and early payment discount options if available. Inaccurate invoices will not be considered for payment until corrected. The payment term will be applicable from the date the accurate invoice is received. The payment of invoices is the responsibility of the participant that issued the purchase order. Invoices must reflect actual hours worked at the work site, rounded to the nearest quarter (1/4) hour. Actual hours worked shall not include meal breaks or other down time. In addition, no travel time or minimum charges will be paid to the awarded vendor.

The awarded vendor may be required to furnish copies of invoices from their suppliers as it relates to the materials, parts, and equipment furnished to participating districts.

PREVAILING WAGES

Prevailing wage rates apply to this project using PRC# 2026023823. The awarded vendor(s) are required to abide by NYS prevailing wage rate laws throughout the duration of this contract. Certified payroll is to be submitted with vendor’s invoice to avoid delays in payment. The prevailing wage PRC# 2026023823 is to be included on the invoice.

RESPONSIBILITY OF VENDORS

The awarded vendor shall provide all warranty information on all labor, workmanship, and manufacturer warranties with the bid. All failures within the warranty period will be at the expense of the vendor and must be completed within the timeframe requested by the affected school district. The vendor is to provide warranty information with their bid response.

The awarded vendor shall be responsible for all labor, materials and supervision required for installation of the e q u i pm e n t according to the manufacturer’s recommendations and warranty policy. Vendor-owned equipment shall not be chargeable directly. It is considered the vendor’s overhead and is to be included in the hourly rates quoted for labor.

The awarded vendor shall be responsible for repairing and replacing anything damaged by its operations within (30) days of notification that damage has occurred.

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 14

INSURANCE

During the term of the awarded contract, the successful vendor must obtain and maintain insurance coverage at its own expense as provided in this paragraph and shall deliver Certificates of Insurance in a satisfactory form to Monroe 2-Orleans BOCES before commencing any work under this contract. The certificate of insurance is to shall reference the contract number. Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Certificates shall be mailed to: Monroe 2-Orleans BOCES, Purchasing Department, 3599 Big Ridge Road, Spencerport, NY 14559.

The policies of insurance set forth below shall be written by companies authorized by the New York Department of Financial Services to issue insurance in the state of New York (“admitted” carriers) with an A.M. Best company rating of “A-” or better. Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to Wendy Vergamini; Monroe 2-Orleans BOCES, 3599 Big Ridge Road, Spencerport, NY 14559.

All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to Monroe 2-Orleans BOCES for any claim arising from the successful vendor’s work under the awarded contract, or as a result of the successful vendor’s activities. Any other insurance maintained by Monroe 2-Orleans BOCES shall be excess of and shall not contribute with the successful vendor’s insurance, regardless of any “other insurance” clause contained in any Monroe 2-Orleans BOCES policy of insurance.

At least two weeks prior to the expiration of any policy required by the awarded contract, evidence of renewal or replacement of insurance policies with terms no less favorable to Monroe 2-Orleans BOCES than the expiring policies shall be delivered to Monroe 2-Orleans BOCES in the manner required for service of notice under the contract.

a. A professional liability policy (errors and omissions) in the amount of One Million Dollars (1,000,000.00), which shall be maintained for a period of three (3) years after completion of this contract. If said policy is issued on a claims-made policy form, the policy shall be purchased with extended Discovery Clause coverage of up to three (3) years after work is completed if coverage is cancelled or not renewed.

b. Workers Compensation and Disability Benefits Coverage for the life of this Agreement for the benefit of employees required to be covered by the New York State Workers Compensation Law and the New York State Disability Benefits Law. Evidence of coverage must be provided on forms specified by the Commissioner of the Workers Compensation Board.

c. General Liability Insurance with limits no less than One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000.00) in the aggregate. Such policy shall name the Monroe 2-Orleans BOCES as an additional insured and shall contain a provision that the Monroe 2-Orleans BOCES shall receive at least thirty (30) days written notice prior to material change, cancellation or expiration of such policy.

d. Business Automobile Liability insurance covering liability arising out of the use of any motor vehicle in connection with the work, including owned, leased, hired and non-owned vehicles bearing, or under the circumstances under which they are being used, required by the Motor Vehicle Laws of the State of New York to bear, license plates. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least One Million Dollars ($1,000,000.00) and shall name the Monroe 2-Orleans BOCES as additional insured. The limits may be provided through a combination of umbrella/excess liability policies.

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 15

WORKERS’ COMPENSATION

New York State Workers Compensation Law, Sections 57 and 220, requires State Agencies to ensure, PRIOR to entering into any contract (including purchase orders), that the intended vendor has appropriate NYS workers’ compensation and disability insurance coverage. Please note, "ACORD" certificate of insurance forms are not acceptable documentation for proof of coverage. A vendor’s insurance carrier must provide the vendor with copies of the correct, completed New York State forms as follows:

ONE of the following NYS forms is required as proof of Workers Compensation coverage: C-105.2 (if using a private insurance carrier) OR U-26.3 (if insured through the NYS Insurance Fund) OR SI-12 or GSI-105.2 (if self-insured).

PUBLIC WORKS NOTICE

Starting December 30, 2024, all vendors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

Vendors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encourages all vendors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

Click to register and please attach your certificate.

Public Work Contractor and Subcontractor Registry Landing | Department of Labor

ADDITIONAL PARTICIPANTS

Monroe 2-Orleans BOCES wishes to make this contract available to additional participants not listed in these specifications as permitted under NYS General Municipal Law. Request for participation should be forwarded to Monroe 2-Orleans BOCES. Upon receipt of the consent of the awarded vendor(s), Monroe 2-Orleans BOCES will advise both the additional participant(s) and vendor(s).

EMERGENCY CLOSING

In the event of an emergency closing on the bid opening date, the bid opening shall take place on the next business day at the same location and at the same time as listed in these specifications.

https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 16

GENERAL CONDITIONS

(For the purchase of materials, supplies, and equipment)

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

MONROE AND ORLEANS COUNTIES SECOND SUPERVISORY DISTRICT

3599 Big Ridge Road Spencerport, NY 14559

All invitations to bid issued by the above-named school district will bind vendors and successful vendors to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by the school district.

DEFINITIONS

"School district" Shall be the legal designation of the district.

"Notice to bidders" A formal statement which, when issued by the school district, constitutes an invitation to bid on the materials, supplies and equipment described by the specifications.

"Board" The board of education of the school district.

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

"Bid offer" The form on which the vendor submits the bid.

"Bidder" Any individual, company, or corporation submitting a bid.

“BOCES” A municipal corporation.

"Contract" A notice to the successful vendor by the issuance of a purchase order; also, all documents relating to the transaction including, but not limited to, the bid offer of the successful vendor, notice to vendors, general information, general conditions, special instructions, specifications, notice of award, bid proposal certifications;

also, a formal document signed by the successful vendor and the Monroe 2- Orleans BOCES representative.

"Successful bidder" Any vendor to whom an award is made by the school district.

"Specification" Description of materials, supplies and/or equipment and the number/amount requested and the conditions for food purchase.

BOCES 2 COOP HVAC REPAIR SERVICE RFB-2186-27 17

BIDS

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

2. All bids must be submitted on bid offer forms and in accordance with instructions provided by the board.

3. All bids received after the time stated in the Notice to Bidders may not be considered and will be returned unopened to the vendor. The vendor assumes the risk of any delay in the mail or in the handling of the mail by employees of the school district. Whether sent by mail or by means of personal delivery, the vendor assumes responsibility for having his bid deposited on time at the place specified.

4. All information that is required by Notice to Bidders, General Conditions, Specifications, and Bid Offer, in connection with each item against which a bid is submitted, must be given to constitute a regular bid.

5. The non-collusive bidding certification must be included with each bid as required by General Municipal

Law, Section 103-d.

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

7. No alteration, erasure, or addition is to be made in the typewritten or printed matter. Deviations from the specifications must be set forth in space provided in bid for this purpose.

8. Prices and information required should be processed for legibility. Illegible or vague bids may be rejected.

All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

9. Sales to school districts are not affected by any fair-trade agreements. (General Business Law, Sec. 369-a, sub. 3).

10. No charge will be allowed for Federal, State, or municipal sales and excise taxes since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax.

11. In all specifications, the words "or equal" are understood after each article giving manufacturer's name or catalog reference, or on any patented article. If bidding on items other than those specified, vendor must in every instance give the trade designation of the article, manufacturer's name, and detailed specifications of item he proposes to furnish. Otherwise, bid will be construed as submitted on the identical item as speci-fied.

12. Bids on equipment must be on standard new equipment, of latest model and in current production, unless otherwise specified.

13. All regularly manufactured stock electrical items must bear the label of the Underwriters' Laboratories, Inc.

14. When bids are requested on a lump sum basis, vendor must bid on each item in the lump sum group. A vendor desiring to bid "no charge" on an item in a group must so indicate; otherwise bid for the group may be rejected.

15. All prices quoted must be "per unit" as specified; e.g., do not quote "per case" when "per dozen" is requested; otherwise, bid may be rejected.

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16. Vendors must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions.

17. Prices shall be net, including transportation and delivery charges fully prepaid by the successful vendor to destination indicated in the instructions to vendors. 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 item. In any case, title shall not pass until items have been delivered and accepted.

18. All bids must be sealed. They must be submitted in envelopes furnished by the Monroe 2-Orleans

BOCES, if any. Otherwise, plain, opaque envelopes may be used, clearly marked "BID." Also the date and time of the bid opening as indicated on the Notice to Bidders must appear on the envelope. Bids must not be attached to or enclosed in packages containing bid samples. Telephoned quotations or amendments will not be accepted at any time.

19. No interpretation of the meaning of the specifications or other contract document will be made to any vendor orally. Every request for such interpretation should be in writing, addressed to the Monroe 2- Orleans BOCES, no later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all vendors of record by the BOCES 2 in the form of an addendum to the specifications. All addenda so issued shall become a part of the contract documents.

20. If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the specifications so state, then the successful vendor may be required to execute an agreement in relation to the performance of his contract, such agreement will be executed by the vendor within 15 days after notification to execute such contract. If the specifications so state, the successful vendor also may be required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract shall have 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 the school district. The successful vendor shall execute the performance bond at the time of the execution of the contract by the successful vendor and the board.

SAMPLES

21. All specifications are minimum standards; and accepted bid samples do not supersede specification for quality unless bid sample is superior, in which case deliveries must be the same identity and quality as accepted bid sample.

22. The school district reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments is made. If the sample is not in accordance with the requirements of the specification, the school district may reject the bid; or, if award has been made, cancel the contract at the expense of the successful vendor.

23. Samples, when required, must be submitted strictly in accordance with instructions; otherwise, bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered as directed for bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the vendor desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The school district will not be responsible for any samples destroyed or mutilated by examination or testing. The vendor at his expense shall remove samples. Samples not removed within fifteen (15) days after written notice to the vendor will be regarded as abandoned and the school district shall have the right to dispose of them as its own property.

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24. When a specification indicates that an item to be purchased is to be equal to a sample, such sample will be on display at a designated location in the school district. Failure on the part of the vendor to examine sample shall not entitle him to any relief from the conditions imposed in the proposal, specification, etc.

AWARD

25. Awards will be made to the lowest responsible vendor, taking into consideration the reliability of the vendor, the quality of the materials, food, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.

26. The school district reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or in part to waive technical defects, qualifications, irregularities, and omissions, if in its judgment the best interests of the district will be served. Also reserved is the right to reject bids and to purchase items on State or county contracts if such items can be obtained on the same terms, conditions, specifications, and at a lower price.

27. The school district reserves the right to make awards within sixty (60) days after the date of the bid opening during which period bids may not be withdrawn unless the vendor distinctly states in his bid that acceptance thereof must be made within a shorter specified time.

28. Where a vendor is requested to submit a bid on a total sum or sums, the right is reserved to award contracts on total sum or sums, whichever is in the best interests of the school district.

29. If two or more vendors submit identical bids as to price, the decision of the board to award a contract to one of such identified vendors shall be final. (General Municipal Law, Sec. 103, sub. 1.)

CONTRACT

30. Each bid will be received with the understanding that the acceptance thereof in writing by the board, to furnish any or all of the items described therein shall constitute a contract between the successful vendor and the school district. Contract shall bind the successful vendor on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. Contract shall bind the school district on its part to order from such successful vendor, as needed by the school district, and to pay for at the contract prices, all items that were ordered and delivered by the vendor

31. The placing in the mail of a notice of award or purchase order to a successful vendor, to the address given in his bid, will be considered sufficient notice of acceptance of contract.

32 If the successful vendor fails to deliver as ordered, or within the time specified, or within reasonable time as interpreted by the school district, or fails to make replacement of rejected articles, when so requested immediately or as directed by the school district, the school district may purchase from other sources to take the place of the item rejected or not delivered. The school district reserves the right to authorize immediate purchase from other sources against item rejections or not delivered on any contract when necessary. On all such purchases the successful vendor agrees to reimburse the school district promptly for excess costs occasioned by such purchases. Should the cost be less, the successful vendor shall have no claim to the difference. Such purchases will be deducted from contract quantity.

33. A contract may be canceled at the successful vendor's expense upon nonperformance of contract and the next lowest vendor will be awarded the bid.

34. Cancellation of contract for any reason may result in removal of the successful vendor's name from mailing list for future proposals for an indeterminate period.

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35. When materials, equipment, or supplies are rejected, the successful vendor from the premises of the school district must remove them within ten (10) days of notification. Rejected items left longer than ten (10) days will be regarded as abandoned, and the school district shall have the right to dispose of them as its own property.

36. No items are to be shipped or delivered until receipt of an official purchase order from the school district.

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

INSTALLATION OF EQUIPMENT

38. The successful vendor shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair and order. Old materials are the property of the successful vendor unless otherwise specified.

39. Equipment, supplies, and materials shall be stored at the site, only on the approval of the school district and at the successful vendor's risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

40. Work shall be progressed so as to cause the least inconvenience to the school district and with proper consideration for the rights of other successful vendors or workmen. The successful vendor shall keep in touch with the entire operation and install his work promptly.

41. Vendors shall acquaint themselves with conditions to be found at the site and shall assume all respon-sibility for placing and installing the equipment in the locations required.

42. Equipment for trade-in shall be dismantled by the successful vendor and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful vendor shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade-in. All equipment is represented simply "as is." Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL VENDOR

43. The successful vendor guarantees:

(a) The products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

(b) To furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workers are responsible, to the building or equipment, to his own work, or to the work of other successful vendors.

(c) To carry adequate insurance to protect the school district from loss in case of accident, fire, theft, etc.

(d) That all deliveries will be equal to the accepted bid sample.

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(e) That the equipment delivered is standard, new, latest model of regular stock product or as required by the specifications; also that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one-year from date of delivery. If during this period such faults develop, the successful vendor agrees to replace the unit or the part affected without cost to the school district.

Any merchandise provided under the contract, which is or becomes defective during the guarantee period shall be replaced by the successful vendor free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful vendor shall make any such replacement immediately upon receiving notice from the school district.

DELIVERY

44. Delivery must be made in accordance with the instructions to vendors and specifications. If delivery instructions do not appear on order, it will be interpreted to mean prompt delivery. The decision of the school district as to reasonable compliance with delivery term shall be final.

45. The school district will not accept any deliveries on Saturday, Sundays, or legal holidays, except com-modities required for daily consumption or where the delivery is for an emergency.

46 Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers and according to acceptable commercial practice, without extra charge for packing cases, baling or sacks.

47. The successful vendor shall be responsible for the delivery of items in good condition .