RFB-SYGOV-011-25.pdf

Onondaga County

Executive Department

Division of Purchase

J. RYAN MCMAHON, II John H. Mulroy Civic Center, 13th Floor DANIEL HAMMER

County Executive 421 Montgomery Street Director

Syracuse, NY 13202 www.ongov.net

Phone (315) 435-3458

BID REFERENCE: SYGOV-011-25

Date: April 6, 2025

BID PROPOSAL

Sealed bids for furnishing a Curtis Air Compressor for the City of Syracuse Department of Public Works will be received at the Office of the Purchasing Director, 421 Montgomery Street, Syracuse, NY 13202 until two (2) o’clock P.M. (local time) on April 11, 2025.

The City of Syracuse reserves the right to reject any or all bids.

No Bid Security is required.

No Performance Security is required.

Bidders must use the proposal form and envelope furnished by the Division of Purchase or an envelope that is clearly marked with your company name, the bid reference number, and the date the bid is due when submitting their proposals. Envelopes must be sealed when submitted. Emailed or faxed bids are unacceptable.

Required for department: City of Syracuse Department of Public Works.

Daniel Hammer

Director http://www.ongov.net/

INSTRUCTIONS TO BIDDERS:

The following documents in the Request for Bid must be completed, signed (where required), and attached to the bid:

-Proposal & Signature Page.

-Prevention of Sexual Harassment Certification.

-Non-Collusive Bidding Certification.

-Iranian Divestment Certification.

-Certification of No Conflict of Interest of Detrimental Effect.

-City of Syracuse/Syracuse City School District Additional Terms and Conditions Page.

-Disclosure Statement.

-Completed W-9

Bid Ref No. SYGOV-011-25, Page 2 of 29

TECHNICAL SPECIFICATIONS

Contract Type: This solicitation is for a one-time purchase for the equipment described in this Request for Bid specification. This agreement shall commence on April 12, 2025 and shall continue until delivery is complete, unless terminated earlier.

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

Method of Award and Delivery: The award shall be made in either whole or in part to the most responsive and responsible bidder whose proposal meets the specifications, terms, and conditions of this invitation for bid, and whose bid is deemed to be in the best interest of the City of Syracuse. Time is of the essence. To be considered for award, delivery is to be made withing twenty-one (21) days after bid award and receipt of a purchase order.

References: Manufacturer and model numbers as stated in this specification are for reference purposes only.

Equipment bid shall be on an “OR EQUAL” basis evaluated by the County using the models referenced as a minimum baseline for comparison.

Warranty: All parts and labor shall be warranted in accordance with manufacturer’s warranty.

Fair Employment and Licensure Opportunity Ordinance: The contract resulting from this bid will be subject to the Fair Employment and Licensure Opportunity Ordinance #45-2014 of the City of Syracuse. This

Ordinance requires that all City Contractors shall not include any question about a job applicant’s prior criminal history on the job application and shall defer making any criminal history inquiry about a job applicant’s past criminal convictions until after a conditional offer of employment is made. The City shall have the authority to suspend and terminate the contract for violations of the Fair Employment and Licensure Opportunity

Ordinance.

Disclosure Statement: The Disclosure Statement and Bid Signature Pages MUST BE FILLED IN AND

SIGNED at the time of the bid. Failure to fill in and sign these pages may result in disqualification of your bid.

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

Contact Person: Please direct any questions in writing to Brian Chairmonte, Specification Writer, Division of

Purchase at brianchairmonte@ongov.net by close of business on April 09, 2025.

Bid Ref No. SYGOV-011-25, Page 3 of 29 http://www.ongov.net/ mailto:brianchairmonte@ongov.net

Bid Ref No. SYGOV-011-25, Page 4 of 29

TECHNICAL SPECIFICATIONS (cont.)

Scope

The City of Syracuse Department of Public Works is seeking to purchase One (1), FS Curtis Air Compressor, Model No. FRB25SU1XA4J4X001, RSB25, as specified; or equal; delivered.

Delivery Address

City of Syracuse – Asphalt Plant

1200 Canal Street

Syracuse, NY 13210

Contact person for delivery is Kevin Hunter at khunter@ kunter@syr.gov. Delivery Hours of 7:00 am to 4:30 pm.

Equipment Specifications

• Manufacturer Name: FS Curtis Air Compressor, Model No. FRB25SU1XA4J4X001, RSB25 or equal.

• 25 HP Motor

• 460/3/60 HZ

• 125 PSI

• 120 Gallon Tank

• NEMA 4 Electrical Panel

• TEFC Motor

• Does not include a remote starter

• Sound Enclosure

• Variable Speed Drive

• Water Cooled

• Alternative Voltages (200, 230, 460, 575V, 60Hz, 50Hz)

• iCommand-Touch Controller

• Y/D starter (standard for 125-300HP)

• Solid-State Soft Starter

• Pressure Differential Gauges for Air, Oil and Separator Filters

• Moisture Separator and Drain Trap

• Factory Filled with Food Grade Oil

Standard Features

• Heavy-duty Intake Filter standard on RSD50-300

• High-Efficiency Airend

• NEMA Premium Efficiency Motors (up to 200 HP)

• Timed Dual Control with Modulation

• 120V Control Voltage

• Multi-Stage Oil Separation System

TECHNICAL SPECIFICATIONS (cont.)

• Heavy-Duty Oil Filter with Bypass

• Oil Level Sight Glass

• Mixing Three-Way Oil Thermostat

• Side-by-Side Air Cooled Oil/Air Aftercooler

• Rigid Base with Forklift Slots

• Multi-Level Safety Systems

• Pressure Relief Valve

• Factory-Filled Synthetic Oil

Services to be Provided

• The City of Syracuse will be responsible for installing the unit.

• The winning bidder will be responsible for startup after the unit is installed. This is to include ensuring the unit is running according to manufacturer’s specifications.

Bid Ref No. SYGOV-011-25, Page 5 of 29

PRICING PAGE

Furnish One (1), FS Curtis Air Compressor, Model No. FRB25SU1XA4J4X001, RSB25, as specified; or equal;

delivered.

Item No. 1 – One (1), FS Curtis Air Compressor, Model No. FRB25SU1XA4J4X001, RSB25

Total Price (to include delivery and Startup fees):

TOTAL PRICE WRITTEN IN WORDS TOTAL PRICE IN FIGURES

Delivery in Days ARO (After Receipt of Order):

Please provide the manufacturer name and model/part number of the equipment you are quoting if other than specified. Also, provide product specification sheets if applicable.

MANUFACTURER NAME MODEL/PART NUMBER

Bid Ref No. SYGOV-011-25, Page 6 of 29

PROPOSAL AND SIGNATURE PAGE

Director of Purchasing

Onondaga County Division of Purchase

421 Montgomery St.

Syracuse, NY 13202

I agree to provide all the material and/or labor in accordance with the furnished specifications to the

County of Onondaga and/or its political subdivisions. I have clearly identified variations from the published specifications where applicable.

I have received, read, and agree to the terms and conditions as set forth in the Instructions to

Bidders/General Conditions and any special terms or conditions as set forth in the special conditions or minimum specifications. I specifically read, understand, and certify in accordance with section 16.2.1 (non-collusion certification required for public bids), the Fair Employment reporting requirements (16.2.6) and the

Iran Divestment (16.2.8). I am authorized by my company to make this commitment.

REFER TO MINIMUM SPECIFICATIONS AND PRICING PAGE

Addenda acknowledgment:

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

No. ___________ Dated: _____________

Signature: __________________________

Printed Name: ________________________

Title: ______________________________

Firm Name: _________________________ Contact person: _______________________

Address: ___________________________

___________________________ Phone ______________________________

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

___________________________________ Federal ID Number: ____________________

E-Mail Address: ________________________________________________________________

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

Bidders/General Conditions.

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

Bid Ref No. SYGOV-011-25, Page 7 of 29

PREVENTION OF SEXUAL HARASSMENT

Section 201-g of the New York State Labor Law requires employers to adopt a sexual harassment prevention policy, make such policy available to its employees, and provide sexual harassment training to its employees, consistent with model policies, guidance, and regulations developed by the New York State Department of Labor.

(https://www.ny.gov/combating-sexual-harassment-workplace/employers)

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

Such certification is consistent with the requirements of New York State Finance Law Section 139-L, which provides that a bid shall not be considered for award nor shall any award be made to a bidder who has not completed this certification; provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state at the time of bid submission and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

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

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

Firm Name: ________________________________ Date: _________________________

Signature of Authorized Person: ________________________________________________________

Printed Name and Title of Authorized Person: ________________________________________________________

BID PROPOSAL

BID TITLE: ______________________________

BID NUMBER: #___________________________

Bid Ref No. SYGOV-011-25, Page 8 of 29 https://www.ny.gov/combating-sexual-harassment-workplace/employers

NON-COLLUSIVE BIDDING CERTIFICATION

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 to the best of his/her knowledge and belief:

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

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

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

I hereby affirm under the penalties of perjury that the foregoing statement is true.

Bidder's Name

By: ______________________________

Signature

Print Name: _______________________

Title: _____________________________

Bid Ref No. SYGOV-011-25, Page 9 of 29

IRANIAN DIVESTMENT CERTIFICATION

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 to the best of their knowledge and belief that each bidder is not on the list created pursuant to NY State Finance Law §165-a

(3)(b) (https://ogs.ny.gov/iran-divestment-act-2012).

Each bidder and each person signing on behalf of any bidder further certifies under penalty of perjury, that to the best of their knowledge and belief, the bidder:

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

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

Under penalty of perjury, by signing below, I the above certification on behalf of the below named Firm. I further certify that I am duly authorized by the Firm to make this certification on behalf of the Firm.

Firm Name: ______________________________________________ Date: _________________________

Signature of Authorized Person:

Printed Name and Title of Authorized Person: ____________________________________________________________________

Bid Ref No. SYGOV-011-25, Page 10 of 29

CERTIFICATION OF NO CONFLICT OF INTEREST OR DETRIMENTAL EFFECT

The Firm offering to provide services pursuant to this solicitation, as a consultant, joint venture consultant, subconsultant, or subcontractor, attests that its performance of the services outlined in this solicitation does not and will not create a conflict of interest with nor position the Firm to breach any other contract currently in force with the County of Onondaga.

Furthermore, the Firm attests that it will not act in any manner that is detrimental to any County project on which the Firm is rendering services. Specifically, the Firm attests that:

1. The fulfillment of obligations by the Firm, as proposed in the response, does not violate any existing contracts or agreements between the Firm and the County;

2. The fulfillment of obligations by the Firm, as proposed in the response, does not and will not create any conflict of interest, or perception thereof, with any current role or responsibility that the Firm has regarding any existing contracts or agreements between the Firm and the County;

3. The fulfillment of obligations by the Firm, as proposed in the response, does not and will not compromise the Firm's ability to carry out its obligations under any existing contracts between the

Firm and the County;

4. The fulfillment of any other contractual obligations that the Firm has with the County will not affect or influence its ability to perform under any contract with the County resulting from this solicitation;

5. During the negotiation and execution of any contract resulting from this solicitation, the Firm will not knowingly take any action or make any decision which creates a potential for conflict of interest or might cause a detrimental impact to the County as a whole including, but not limited to, any action or decision to divert resources from one County project to another;

6. In fulfilling obligations under each of its County contracts, including any contract which results from this solicitation, the Firm will act in accordance with the terms of each of its County contracts and will not knowingly take any action or make any decision which might cause a detrimental impact to the County as a whole including, but not limited to, any action or decision to divert resources from one County project to another;

7. No former officer or employee of the County who is now employed by the Firm, nor any former officer or employee of the Firm who is now employed by the County, has played a role with regard to the administration of this contract procurement in a manner that may violate applicable Ethics

Laws; and

8. The Firm has not and shall not offer to any employee, member or director of the County any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence said employee, member or director, or could reasonably be expected to influence said employee, member or director, in the performance of the official duty of said

Bid Ref No. SYGOV-011-25, Page 11 of 29 employee, member or director or was intended as a reward for any official action on the part of said employee, member or director.

Firms responding to this solicitation should note that the County recognizes that conflicts may occur in the future because a Firm may have existing or new relationships. The County will review the nature of any such new relationship and reserves the right to terminate the contract for cause if, in its judgment, a real or potential conflict of interest cannot be cured.

I hereby affirm under the penalties of perjury that the foregoing statement is true.

Bidder's Name

By: ______________________________

Signature

Print Name: _______________________

Title: _____________________________

Bid Ref No. SYGOV-011-25, Page 12 of 29

INSTRUCTIONS TO BIDDERS/GENERAL CONDITIONS

1. Submission of bids:

1.1 Bids are publicly opened and read at 2 p.m. in the office of the Onondaga County Division of

Purchase, 421 Montgomery Street, Syracuse, NY 13202 on the day bids are scheduled to be received.

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

Division of Purchase.

1.3 Bidders must use the proposal form and envelope furnished by the Division of Purchase or an envelope that is clearly marked with your company name, the bid reference number, and the date the bid is due when submitting their proposals. Envelopes must be sealed when submitted. Faxed bids are unacceptable.

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

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

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

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

2. Required submissions:

2.1 Each bid must be signed by the bidder.

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

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

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

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

Bid Ref No. SYGOV-011-25, Page 13 of 29

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

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

2.7.1 guarantee the contract for the faithful performance thereof;

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

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

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

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

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

3. Use of Brand names:

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

3.2 The Purchasing Director will determine equal products or services.

4. Pricing:

4.1 Prices must be stated in units of quantity specified. Prices submitted by bidders must be firm for 45 days from the date of the bid opening. Prices shall be in US funds only.

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

Bid Ref No. SYGOV-011-25, Page 14 of 29

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

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

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

5. Withdrawal of bids and errors:

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

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

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

6. Purchases by other governmental or authorized entities:

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

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

6.2 Any minimum order requirements, delivery charges or other deviations from the prices offered to

Municipality(ies) applicable to eligible organizations must be clearly stated in the bid. No such charges will be permitted if not contained in the original bid.

7. Interpretations:

7.1 It is understood and agreed that in questions of interpretation in the specifications, the Purchasing

Director does expressly have the right to determine the meaning and shall control the decision and such decision shall be binding and final. Corrections to errors, or omissions in specifications, may be made by the Purchasing

Director, when such corrections are necessary for the proper fulfillment of the intention of such specifications.

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

Bid Ref No. SYGOV-011-25, Page 15 of 29 interpretation constitutes a waiver to later claim that ambiguities or misunderstandings caused a bidder to improperly submit its bid or to have inadvertently bid on certain items.

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

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

8. Method of Award:

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

8.2 Bids will be evaluated by the Division of Purchase and the department requiring the goods or services.

A notice of intent to award will be issued only by the Division of Purchase.

8.3 Protests of companies, products or services being offered from competing bidders must be made as soon as possible, in writing, to the Division of Purchase.

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

9. Inspection, Samples and Testing:

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

9.2 Samples are required to be furnished by the bidder at the request of the Purchasing Director.

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

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

10. Delivery:

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

Bid Ref No. SYGOV-011-25, Page 16 of 29

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

Municipality(ies) Division of Purchase or Onondaga County contract.

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

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

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

11. Notice to Proceed:

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

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

12. Hold Harmless:

12.1 The bidder, if awarded an order or contract, agrees to indemnify, defend and hold harmless the

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

13. Insurance:

13.1 The bidder or contractor will furnish the amount of insurance determined and specified by the

Municipality(ies).

13.2 The contractor agrees to obtain and maintain general liability insurance including comprehensive form, premises/operations, products/completed operations, broad form contractual, independent contractors, and personal injury, with minimum limits of not less than two million ($2,000,000) dollars combined single limit for bodily injury and property damage.

13.3 The contractor will obtain automobile liability insurance, including for owned, hired and non-owned vehicles with minimum limits of not less than one million dollars ($1,000,000) combined single limit for bodily injury and property damage.

Bid Ref No. SYGOV-011-25, Page 17 of 29

13.4 When required, the contractor shall provide to the Municipality(ies) a certificate of insurance evidencing the insurance requirements specified on the attached sample certificate and shall name the

Municipality(ies) as an additional insured. The certificate shall contain a provision that the issuing company will notify the Director of Purchase by certified mail 30 days prior to any change in or cancellation of the policy.

13.5 The contractor further agrees to comply in all respects with all Federal, State and Municipality(ies) laws which pertain regarding services for municipal corporations including but not limited to Workers’

Compensation and Employers’ Liability insurance, hours of employment, wages, and Human Rights.

13.6 Contractor shall deliver to the County’s Department of Law, before this contract may be made or performed and from time to time thereafter is reasonable, both a form certificate of insurance approved for use by New York’s superintendent of insurance and copies of the declarations of each insurance contract referred to by such certificate of insurance, as evidence that the insurance coverage required for this contract is maintained by the Contractor. At the request of the County, Contractor shall deliver to the County’s Department of Law a copy of any insurance contract referred to by such certificate of insurance.

14. Payments:

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

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

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

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

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

15. Warranty:

15.1 Municipality(ies) requires a one-year warranty from the date of acceptance to correct at no additional cost to the Municipality(ies) any failure or defect in material and workmanship, which appears in the equipment, goods or services supplied under this bid. Should manufacturer’s, products or bidder’s warranty

Bid Ref No. SYGOV-011-25, Page 18 of 29 extend longer than Municipality(ies) one year requirement, the remaining term of the bidder’s warranty will be in effect at the conclusion of the Municipality(ies) required warranty.

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

16. Governing Laws and Regulations:

16.1 The bidder is required to comply with all applicable provisions of the laws of the

Municipality(ies), the State of New York and the United States of America which affect municipalities and municipal contracts and in particular the state’s Labor Law, General Municipal Law, Workmen’s Compensation

Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Environmental Law and all

State and Local Health laws, rules, and regulations.

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

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

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

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

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

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

16.2.2 In making his bid, the bidder warrants that this bid is made without any connection with any person making another bid for the same contract and that the bid is in all respects fair, and without collusion or fraud; also, that no member of the County Legislature or other officer of the

Municipality(ies) or any person employed by the Municipality(ies) is directly or indirectly interested in said bid or in the supplies or work to which it relates or in any portion of the profits thereof.

16.2.3 The Toxic Waste Right to Know Law requires the bidder, supplier, manufacturer to provide to Municipality(ies) upon delivery any and all information required by law.

Municipality(ies) reserve(s) the right to refuse shipments and payment when material safety data sheets (MSDS) are not supplied on delivery or request.

Bid Ref No. SYGOV-011-25, Page 19 of 29

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

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

16.2.6 Fair Employment Clause: The Onondaga County Legislature (Res. 282-73) requires contractors to support the Municipality(ies) goals in equal employment opportunity. By signing this bid, the contractor agrees:

“That it will not discriminate and that it will take affirmative action to promote non-discrimination in hiring, recruitment, training, promotion, and wage practices and take procedures to prevent reverse discrimination, and

“That such affirmative action shall include but not limited to incorporation of appropriate equal opportunity language in all employment recruitment efforts, notifications to appropriate unions of the contractors’ obligations hereunder, incorporation of affirmative action conditions in any subcontract, and

“That it will complete and submit the required HRC Form #1 and other required equal employment reports to the Human Rights Commission of Syracuse, and Municipality(ies), and

(when additional State and Federal mandates may apply)

“That it will on good faith consult with and cooperate with Fair Employment staff of the local

Human Rights Commission in order to achieve compliance with any other applicable Equal

Employment Opportunity Laws and Regulations.

Exemptions from local requirements only for employers with less than 25 employees; for non-construction contracts of less than $2,500 (unless vendor does more than $10,000 in business with the County in a year) and for construction contracts of less than $10,000.

16.2.7 For construction projects that disturb more than one acre in total, construction contractors will be responsible for implementing storm water runoff control measures in accordance with the specifications. All construction projects disturbing more than one acre must control storm water runoff in full compliance with the SPDES general permit for storm water discharge from construction activity. The selected contractor will certify their intent to comply with the

Municipality(ies) storm water management program.

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

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

(a) Does not provide goods or services of twenty million dollars or more in the energy section of

Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; AND

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

17. Assignment

17.1 The contractor is prohibited from assigning, transferring, subletting, or otherwise disposing of the contract awarded from this bid without the previous written consent of the Municipality(ies) Purchase Director or in any case where “Municipality” refers solely to the City of Syracuse or the Syracuse City School District, without the previous consent of the Mayor and the Common Council.

18. Termination/Default/non-performance:

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

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

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

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

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

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19. Unconstitutionality:

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

20. Changes or Deviations:

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

21. Inconsistency:

21.1 The parties agree that any inconsistency between any documents which the Municipality(ies) is/are requested to execute by the vendor and specifications shall at all times be resolved in favor of said specifications as only terms consistent with said specifications shall be applicable.

22. Definitions:

Municipality(ies): Unless otherwise noted, Municipality(ies) means any and all participating entities with

Onondaga County as the lead agency. If a specific municipality is identified that municipality alone is responsible for all terms and conditions.

Purchasing Director: On all County bids the Purchasing Director refers to the Onondaga County Purchasing

Director. On all City of Syracuse and Syracuse City School District bids, Purchasing Director is interchangeable with City of Syracuse Director of Management and Budget.

23. Living Wage:

If applicable under the terms of the City of Syracuse Living Wage Ordinance any vendor providing a service under this contract to the City of Syracuse, or the Syracuse City School District will be responsible for complying with the City of Syracuse living wage statute while providing said service. The living wage statute and supporting documents can be found on the Onondaga County web site ongov.net/purchasing.

Bid Ref No. SYGOV-011-25, Page 22 of 29

CITY OF SYRACUSE/SYRACUSE CITY SCHOOL DISTRICT ADDITIONAL TERMS AND

CONDITIONS PAGE

For the purposes of this bid, where municipality is defined specifically as the City of Syracuse and/or Syracuse

City School District, these additional terms and conditions shall apply and supersede any conflicting clauses in the Instructions to Bidders/General Conditions.

1. All bids must be typewritten or written in ink in both words, and in figures. Complete all sections using the

City of Syracuse forms as provided with this bid proposal. Failure to comply may disqualify your bid.

2. For bids with more than one item the Director of Management and Budget may award one or more contracts which may require delivery of one or more of the items bid. Contracts will be awarded to the responsible bidders whose bids for the items selected by the Director of Management and Budget totals the lowest number of dollars.

3. The following estimate of quantities is to be considered only as approximate, and bidders are required to form their own judgment of the quantities and character of the work, by personal examination of the specifications and drawings related to it, or by such other means as they prefer. Bidders must not assert any misunderstanding in regard to anything relating to the work.

4. No bid or contract awarded to any person who is in arrears to the City of Syracuse upon debt or contract, or who is in default as surety or otherwise, upon any obligation to said City of Syracuse.

5. The contractor’s attention is directed to the desire of the Director of Management and Budget that the laborers employed, both skilled and unskilled, in the execution of this contract, shall be citizens of the City of

Syracuse so far as it is practicable and the law permits.

6. The contractor is advised that it is the policy of the City of Syracuse and the Syracuse City School District that contractors may not employ or pay City of Syracuse or School District employees in connection with the work called for under this contract. Such employees may be paid only from City or School District payrolls. In the event, the contractor required the assistance of the personnel to advise or assist in the completion of the work under this contract, such arrangements must be made through the Director of Management and Budget, the responsible Department Head, or the Business Office of the City School District.

7. Each shipment must show purchase order number on the outside of package or Bill of Lading, unless otherwise directed by the Director of Management and Budget.

8. It is further agreed that this contract shall be utterly void as against the City of Syracuse if any person employed in any official capacity by said City is either directly or indirectly interested therein.

9. In case the execution of this contract is delayed by action of the party of the first part, the time for completion is hereby extended for a time equal to the delay caused by the party of the first part, but no claim for damages by reason of such delay shall be made or allowed.

Bid Ref No. SYGOV-011-25, Page 23 of 29

10. If any item or items supplied by the contractor does not meet these specifications, at any time during the term of this contract, and the contractor is unable to supply any satisfactory item or items then, and in that event, the Purchasing Director shall buy such item or items in the open market and the difference in cost to the

Municipality(ies) between the price paid for such item or items and the contract price shall be paid by the contractor or deducted from any monies due or that may become due to the contractor.

11. The prices for which bidders will agree to execute and perform such class of work or to furnish each class or kind of materials or supplies must be stated on the bid sheet.

12. Bidders attention is directed to the statement on the bid sheet, as well as non-collusive and non-discrimination sheets to be signed by him relative to the interest of others in the bid.

13. If the person or persons whose bid shall be accepted fails to respond with a signed contract and the required surety within ten (10) days, after notice that it has been awarded to him, he or they will be deemed to have abandoned the contract, and such action will be taken in the premises as may, in the judgment of said Director of Management and Budget be best for the interest of the City.

14. Bidders must be skilled and regularly engaged in the class of work bid for, and, if required by the Director of Management and Budget must submit satisfactory evidence of mechanical facilities and financial ability to do the work within the agreed time and in accordance with all the requirements of the contract. The successful bidder or bidders will be required to keep the entire work of the contract, or their respective contracts, at all times under his or their own control.

15. The competency and responsibility of bidders will be considered in determining that a bidder is qualified for purpose of making the award.

16. When a bidder claims to have made a mistake or error in his bid, such shall be called to the attention of the

Director of Management…