WC RFB 042-23 Jail Cabinet Hardmount Washer Extractors.pdf

Wayne County, New York

Request For Bids Furnish, Deliver and Install 2 Cabinet Hardmount

Washer/Extractor

RFB Number: 042-23

RFB Release Date: 11/01/2023

Questions Due: 11/15/2023

Bids Due: 11/22/2023

Refer Questions to:

Christopher O’Connor NIGP-CPP, CPPB

Wayne County Purchasing Agent

26 Church Street

Lyons, NY 14489

Purchasing@co.wayne.ny.us

Submit Sealed Proposals To:

Kelley P Loveless

Clerk - Wayne County Board of Supervisors

26 Church Street

Lyons, NY 14489

P ag e1

RFB CONTENTS

Section 1 Instructions to Bidders Page 2 Section 2 Scope of Work and Specifications Page 7 Section 6 Proposal Forms Page 8 Section 7 Attachments & Exhibits Page 17

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the County of Wayne will receive sealed bids for the furnishing, delivery and installation of 2

Cabinet Hardmount Washer/ Extractor units for the Wayne County Jail.

Such sealed bids must be clearly identified and filed with the Clerk of the Wayne County Board of Supervisors, 26 Church

Street, Lyons, New York 14489, on or before 2:00 PM prevailing time on 11/22/2023, at which time said bids, will be publicly opened and read.

An electronic copy of proposal forms, specifications, and plans can be obtained by visiting https://www.bidnetdirect.com/new-york/waynecountyny or by requesting them directly from the Purchasing Department Office located at 26 Church Street, Lyons, NY by email request to purchasing@co.wayne.ny.us (Telephone: 315-946-7675)

NOTICE: The County of Wayne (hereinafter “County”), shall not be held responsible for the completeness or accuracy of any bid documents received by a contractor that was not directly issued to that contractor by the Purchasing Department.

Any contractor submitting a bid based on incomplete or inaccurate information resulting from documentation received from any third party, shall not have cause for relief from award or completion of a contract in accordance with the official documents on file with the Clerk of the Board of Supervisors.

It is HIGHLY suggested that all contractors interested in participating in this bid, contact the Purchasing Department directly at the above address or telephone number to assure they have received the most accurate and up-to-date material concerning this contract.

The County does not offer or supply anyone the list of people that have obtained a copy of these proposal specifications or cost estimates for the project prior to the opening of the proposals. NO EXCEPTIONS ARE MADE TO THIS POLICY.

*The County reserves the right to reject any or all bids.

COUNTY OF WAYNE

Dated: 11/01/ 2023 Kelley P Loveless, Clerk

Lyons, New York WC Board of Supervisors https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.bidnetdirect.com%2fnew-york%2fwaynecountyny&c=E,1,2_nQ4oW01JU8rIt5fe190UI1s3wksAhzdR7SsijwiHToN2iboa4awbwoPtJKyvPFKGLwjVqmYhoBD9ceqgr5uoEH00iNPy0ajF5iDzG0f8bc&typo=1 mailto:purchasing@co.wayne.ny.us e2

Section 1

INSTRUCTIONS TO BIDDERS

1.1 DEFINITIONS

(A) A “Bid” as a complete and properly signed proposal to sell and deliver to the COUNTY the services as described in the specifications, submitted in accordance with the Instruction to Bidders.

(B) A “Bidder” is a person or entity who submits a bid.

(C) “Contract Documents” shall consist of Notice to Bidders, Instruction to Bidders, Scope of Work and Specifications, Wayne

County Bid Proposal, Non-Collusion Bidding Certification, Certification regarding Debarment/Suspension/responsibility, Certification of Compliance with the Iran Divestment Act, Certificate Regarding Lobbying, Any Documents regarding Insurance as outlined the Insurance section.

1.2 SUBMISSION/RECEIPT OF BIDS

Sealed bids will be received by the Clerk of the Board of Supervisors, at 26 Church Street, Lyons, New York 14489 until 2:00

PM., prevailing time, on 11/22/2023 and at that time all bids will be publicly opened and read aloud. Any bid received after the specified time will be returned to the Bidder unopened.

Bidders shall indicate on the outside of their sealed bid the following information:

1. Title of Bid

2. RFB# 042-23

3. Date and Time of Bid Opening

4. Company Name

1.3 BIDDER’S REPRESENTATIONS

By making a Bid, the Bidder represents and warrants to the County that:

i. The Bidder is able to enter into an Agreement to performed the services listed;

ii. The Bidder has carefully examined the Contract Documents;

iii. The Bidder fully understands the intent and purpose of the Contract Documents; and

iv. The bid is based upon the terms and conditions set forth in the Contract Documents without exception.

1.4 INTERPRETATION OR CORRECTION OF CONTRACT DOCUMENTS

No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Any request for such an interpretation shall be made in writing and submitted to the Purchasing Department at least four (4) days prior to the date set for the receipt of Bids. Any interpretation made to a Bidder will be in the form of a written

Addendum and when issued will be on file at the Clerk of the Board of Supervisors. In addition, all Addenda will be sent to each person recorded as having received a copy of the Bid Documents, but it shall be the Bidder's responsibility to make inquiry prior to submitting a Bid as to the Addenda issued. All such Addenda shall become part of the Contract Documents and each Bidder shall be bound by such Addenda, whether or not received by the Bidder.

1.5 SALES TAX EXEMPTION

The County is exempt from payment of sales and compensating use taxes under the Tax Law of the State of New York.

Bidders shall not include sales or use taxes in their Bid price.

1.6 PREPARATION AND EXECUTION OF BIDS; NON-COLLUSION BIDDING CERTIFICATION

Bids must be submitted on the Bid Form included in the Contract Documents and prepared in the following manner:

(A) All blank spaces on the Bid Form shall be filled in legibly, in ink or typewritten. If both words and figures are requested, the written words shall be binding on the Bidder. In the event of an error in the sum total of the Bid, the Bid shall be the sum total of all items in written words.

(B) Erasures and alterations must be initialed by the signer of the Bid.

(C) The Bidder shall not make any changes in the wording of the Bid Form or make any stipulations or qualify the Bid in any manner.

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(D) The Bidder shall note the receipt of Addenda in the spaces provided on the bid Form by entering the number and the date of each Addendum. If no Addenda have been received, insert the word “NONE”. Failure to acknowledge

Addenda shall be sufficient cause for rejection of the Bid.

(E) The Bid must be signed by the person legally authorized to bind the Bidder to a contract. The name of the person signing the Bid must be typed or printed below the signature.

(F) The Non-Collusion Bidding Certification required by Section 103-d of the General Municipal Law must be submitted with each Bid.

(G) The Proof of Insurance, consisting of an insurance certificate or letter of intent showing insurability in accordance with the requirements indicated in the Standard Insurance Provisions must be submitted with each

Bid.

(H) An executed Debarment Certification must be submitted with each Bid.

(I) An executed Certification Regarding Lobbying must be submitted with each Bid.

(J) An executed Certification of Compliance with the Iran Divestment Act must be submitted with each Bid.

1.7 INSURANCE

A. The contractor shall furnish:

a. ACORD Form 25 - Certificate of Insurance to evidence all liability coverages as outlined in the table below;

b. A copy of the applicable Additional Insured endorsement form evidencing the coverage endorsed onto the liability policies as required in the table below;

c. New York State Workers’ Compensation Form C105.2 or New York State Insurance Fund form U26.3 to evidence New York State workers’ compensation coverage;

d. A copy of the applicable Waiver of Subrogation Endorsement Form, evidencing the coverage endorsed onto the Workers’ Compensation policy, either on a specific/schedule or blanket basis.

B. The County of Wayne and its officers, employees, and agents shall be named as Additional Insureds under the liability policies issued for the above coverages.

C. A Waiver of Subrogation in favor of The County of Wayne and its officers, elected officials, employees, and agents shall apply to the Workers’ Compensation policy listed above.

D. If the contractor maintains broader coverage and/or higher limits than the minimums shown in the table, the County requires and shall be entitled to the broader coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

E. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

F. The per occurrence and aggregate limits for specified coverage shall apply on a per-location or per-project basis.

G. The contractor shall maintain insurance with the required limits above for the duration of this contract. Completed Operations coverage must be maintained and evidenced for at least two (2) years after completion of the project.

H. All certificates of Insurance must be approved by either the Wayne County Attorney or the Self-Insurance Specialist prior to commencing work under the contract.

I. The insurance carriers providing the above coverages shall be licensed to do so in New York State and shall also be rated no lower than "A-" by the most recent Best's Key Rating Guide or Best's Agent's Guide or must be otherwise acceptable to the County Board of Supervisors.

J. It is expressly understood and agreed by the Contractor that the insurance requirements specified above contemplates the use of occurrence liability forms. If claims-made coverage is evidenced to satisfy any of these requirements the contractor shall comply with the following requirements:

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

K. For the duration of this contract or its subsequent renewals, if the retroactive date is advanced or if the policy is non-renewed, cancelled or is otherwise materially changed, the contractor agrees to purchase at its own expense, an Extended Reporting Endorsement. This endorsement must provide for extended reporting period (“Tail” coverage) in compliance with the minimum standards promulgated by the Department of Financial Services (Insurance Department) of the State of the New York as contemplated in Regulation No. 121 (11 NYCRR 73) or its subsequent amendments or revisions.

L. Upon termination of the services provided to the County by the contractor, it is agreed that such claims-made coverage will be maintained without interruption for a period of time equal to the length of any Extended Reporting Period requirement as cited above. If the retroactive date is advanced or if the policy is non-renewed, cancelled, or is otherwise materially changed during this period of time the Contractor agrees to purchase, at its own expense, an Extended Reporting e4

Endorsement that is in compliance with the minimum insurance standards promulgated by the Department of Financial Services (Insurance Department) of the State of the New York as cited above.

VENDOR CLASSIFICATION: Purchase or Lease of Merchandise or Equipment

Insurance Type Coverage amount

Commercial General Liability

Each Occur. $1,000,000

Fire Damage/Damage to Rented Premises $50,000

General Agg. $2,000,000

Prod. Comp. Op. $1,000,000

Personal & Adv. Injury $1,000,000

Med. Expense $5,000

Auto Liability

Any Auto OR $1,000,000

Owned $1,000,000

Hired $1,000,000

Non-Owned $1,000,000

Excess/ Umbrella

Aggregate $1,000,000

Cyber Liability (if applicable)

Each Occur. N/A

Aggregate N/A

Additional Insured on a Primary & Non- Contributory Basis with a Waiver of Subrogation and 30 Days’ Notice of Cancellation or Non- Renewal

General Liability, Auto

1.8 MODIFICATION OR WITHDRAWAL OF BIDS

A Bid may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the scheduled time for opening of

Bids.

A Bid may not be modified, withdrawn, or canceled for a period of forty five (45) days after the date of the Bid opening;

thereafter, a Bidder may withdraw his Bid only by a written notice of withdrawal submitted in advance of the bid award.

1.9 BIDDER’S QUALIFICATIONS

A. The County may make such investigations as deemed necessary to determine the responsibility of any Bidder to perform the work, and any Bidder shall furnish to the County the information, samples, and data required by the County. The

County reserves the right to reject any Bid if the evidence submitted by or Investigation of any such Bidder fails to satisfy the County that any such Bidder is responsible, or qualified to carry out the obligations of the Contractor to complete the work as contemplated therein.

B. The following shall be considered the minimum requirements to qualify for Bidding:

(1) Be an established business, registered to do business in the State of New York

(2) Maintain in direct employ experienced, and trained personnel.

C. Maintain and be familiar with the requirement of all applicable codes and regulating bodies.

D. Must submit Certificates of Insurance and copies of endorsement forms, meeting requirements of the County of Wayne’s minimum insurance standards, a copy of which is included in the Bidding Documents e5

E. Must be doing business in a minimum of 3 accounts of equal or greater value as the Bid submitted.

F. Must be doing business with or have done business within the past 2 years with at least one (1) other Municipality of equal or greater value as the Bid submitted.

G. Must include a reference list pertaining to item E and F.

1.10 CONSIDERATION OF BIDS; ACCEPTANCE OF BID

A. Contract may be awarded to the Bidder submitting the lowest responsible Bid that meets the requirements of the

Specifications.

B. The COUNTY shall have the right to reject any and all Bids; to reject a Bid not accompanied by the required Bid security (If applicable) or by other data required by the Contract Documents; to reject a bid which is in any way incomplete or irregular; and to waive any informality in a Bid.

C. The COUNTY shall have the right to award any combination of Bid and Alternative to determine total bid amount

D. The COUNTY shall award the bid to one bidder for the total amount indicated on the bid form.

E. Bids prices shall remain firm for a period of 45 days after the bid opening date.

F. The acceptance of a Bid by resolution of the Board of Supervisors shall bind the successful Bidder to comply with the terms and conditions of the Contract Documents.

G. Non-Collusion Bidding Affidavit must be complete, signed and submitted with Bid.

H. The selected Contractor must agree to conditions incorporated into the standard contract used by Wayne County, subject to approval of the County Attorney.

I. The selected Contractor will enter into a contract with the County for performance of the work specified in the BID.

J. All work obviously necessary for the completion of the contract shall be included in the Contractor’s Bid.

K. The Agreement will be governed by the laws of New York State. The Contractor shall comply with all applicable laws including those regarding labor, discrimination and equal employment opportunity.

1.11 METHOD OF AWARD

Except where the County exercises the right to reject any or all Proposals, the County will award the Contract to the lowest responsive and responsible Bidder meeting all specifications of the bid, provided further that such Bidder complies with all requirements of the Advertisement and these Instructions to Bidders, after investigations are made to determine the

Bidder's responsibility and capability. Official Notice of Award will be provided the successful Bidder upon approval by resolution by The Wayne County Board of Supervisors.

The County guarantees no minimum or maximum purchases or contracts as a result of award of this bid.

1.12 EXECUTION OF CONTRACT

The Bidder, whose proposal has been accepted, shall have a legally authorized representative execute the contract and submit it to the County within ten (10) calendar days of the date of Notice of Award.

1.13 CANCELLATION CLAUSE

The COUNTY reserves the right to cancel the contract at any time during the contract term by written ten (10) days’ notice mailed to the address of the vendor.

1.14 COMMUNICATIONS

The individual listed below is responsible for the conduct of this procurement. All questions, inquiries, concerns, or clarifications regarding this solicitation must be submitted electronically (via email or submitted on the BidNet Platform) to this individual or their designee. Offerors shall not contact or communicate with any other County employees.

Unauthorized contact about this RFB with any other County employees may result in immediate disqualification. The

County will not be responsible for any oral representations or instructions. All contact with any county official must take place during normal work hours, at the county office, or a site related to the service being proposed.

Contact Name: Christopher O’Connor NIGP-CPP, CPPB

Title: Purchasing Agent

Address: 26 Church St Lyons, NY 14489 e6

Phone #: (315)946-7674

Email: purchasing@co.wayne.ny.us

1.15 ANTICIPATED RFB TIMELINE

The Owner will make every effort to adhere to the schedule below. However, the Owner reserves the right, at its sole discretion, to adjust the RFB Schedule of Events as it deems necessary.

NO Activity Time Date

1 RFP Issued 11/01/2023

2 Deadline for Questions 8:00 AM EST 11/15/2023

3 Questions Answers as an Addendum (if any) 11/17/2023

4 Deadline for Proposal Submission (Proposal Due Date) 2:00 PM EST 11/22/2023

5 Notice of Intent to Award (Tentative) 12/13/2023

6 Anticipated Award Date 12/19/2023

Right to withdraw proposals expire on the date and time for deadline for proposal submission listed above

1.16 NYS LABOR LAW; PREVAILING WAGE AND SUPPLEMENTS

The attention of each and all bidders is directed to Articles 8 and 9 of the New York State Labor Law in general, but also specifically with regard to prevailing Wage and Supplements. Wayne County does, in good faith, identify those projects/services it believes to be “Prevailing Wage and Supplements” projects/services. The failure of Wayne County to accurately assess the wage status of a particular project/service shall not relieve the awardee of its responsibility to perform in accordance with the above referenced articles.

Wayne County has designated this project subject to Prevailing Wage and Supplements. The PRC # for wage rates and supplements is: 2023013017

The Contractor shall ensure that workers are paid the appropriate wages and supplemental (fringe) benefits. Throughout the contract, the Contractor shall obtain and pay workers in accordance with periodic wage rate schedule updates from the

NYS Department of Labor (NYSDOL). Wage rate amendments and supplements are available on the NYSDOL web site at www.labor.state.ny.us. All changes or clarification of labor classification(s) and applicability of prevailing wage rates shall be obtained in writing from the Office of the Director, NYSDOL Bureau of Public Work.

The NYSDOL prevailing wage rate schedule for this contract has been determined and is available on the internet. The prevailing wage rate schedule is accessed by visiting the NYSDOL web site, navigating to the appropriate web page, and entering the Prevailing Rate Case No. (PRC# 2023013017)

A copy of the project specific prevailing wage rate schedule will be provided to the successful bidder upon award of the contract. Upon written request, the schedule will be provided by the Owner to prospective Bidders without internet access.

END OF INSTRUCTIONS TO BIDDERS

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Section 2

SCOPE OF WORK AND SPECIFICATIONS

2.1 SCOPE OF WORK

The County of Wayne is requesting bids for two (2) new UniMac, or approved equal, cabinet hardmount washer/extractor to be installed at the Wayne County Jail located at 7268 Route 31, Lyons NY 14489

Response shall be quoted to include in place delivery to the location as listed herein

2.2 ADDITIONAL BIDDER REQUIREMENTS

Only bidders who are authorized to sell listed items and whose primary business is the sale and service of such equipment will be considered for award. Bidder shall include proof of certification to sell washer/extractors and related ancillary items.

Awarded vendor shall provide detailed information regarding contracted vendors who will be responsible for installation of mounting equipment and additional connection requirements if the awarded vendor is utilizing sub-contractors

2.3 DELIVERY AND INSTALLATION

Delivery is expected within 60-90 days upon receipt of order unless mutually agreed to between the vendor and the County

Delivery and installation shall be coordinated with onsite facilities maintenances staff or Wayne County Deputy

Superintendent of Public Works a minimum of three (3) days before delivery

2.4 WASHER – EXTRACTOR SPECIFICATIONS

Quantity: 2 UniMac, model PAN055TN0MZA20CTAA, 55 lb. on premise value line cabinet hard mount washer extractor-or approved alternative

55 lb capacity

XControl+ Control Series (digital fully programmable display)

(200-240V/60A/1phase)

Overall dimensions: 36” W X 42” D X 56” H

2.5 WARRANTY / REQUIRED DOCUMENTATION

Wayne County requires manufacturer’s standard warranty. Warranty and any technical documentation regarding the units shall be submitted with bid e8

Section 3

PROPOSAL FORMS

Submittal Form A Offeror Background Submittal Form B Cost Proposal Submittal Form C Non-Collusion Certification Submittal Form D Certification Regarding Debarment, Suspension, and Responsibility Submittal Form E Certification of Compliance with the Iran

Divestment Act Submittal Form F Certification Regarding Lobbying Submittal Form G Insurance Documentation e9

SUBMITTAL FORM A – OFFEROR BACKGROUND

PROJECT INFORMATION

RFB Number:

Project Name:

OFFEROR INFORMATION

Name of Company:

Web URL:

Address:

FID #:

Number of Years in Business (Under Current Business Name):

CONTACT INFORMATION

Identify an individual that can be contacted for clarification on this proposal

Name:

Title:

Email:

Telephone:

ADDENDA ACKNOWLEDGEMENT

The Offeror acknowledges receipt of the following addenda and has incorporated the requirements of such addenda into their proposal.

Failure to identify and sign for all addendum may subject the Offeror to disqualification. The Offeror must list all addenda’s (by number), then initial and date to confirm that you have received and incorporated them into your Proposal. The Offeror may add more rows as necessary

Number Initials & Date Number Initials & Date Number Initials & Date

STATEMENT OF CERTIFICATIONS AND ASSURANCES

The Offeror does, hereby, expressly affirm, declare, confirm, certify, and assure ALL of the following:

1. The Offeror has thoroughly reviewed this RFB, contract documents, including the sample agreement, and all pertinent appendices, exhibits, and attachments include as part thereof, and that we fully understand all elements required for the full completion of the project as defined therein.

2. The Offeror further certifies that, if selected as the successful firm, we will enter into the contract agreement included with this RFB.

3. The prices in his Proposal have been arrived at independently without collusion, consultation, communication or agreement for the purposes of restricting competition as to any matter relating to such prices with any other firms or with any other competitor.

4. The Prices quoted in his Proposal have not been and will not be knowingly disclosed directly or indirectly by respondent to any other firm or competitor prior to the final date and time for submission of such proposal.

5. No attempt has been made or will be made by respondent to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.

6. The Response submitted in response to the RFB shall remain valid for at least 60 days subsequent to the date of the Response opening and thereafter in accordance with any contract pursuant to the RFP.

By signature below, the signatory certifies legal authority to bind the responding entity to the provisions of this RFB and any contract awarded pursuant to it. The Owner may, at its sole discretion and at any time, require evidence documenting the signatory’s authority to be personally bound or to legally bind the responding entity.

DO NOT SIGN THIS DOCUMENT IF YOU ARE NOT LEGALLY

AUTHORIZED TO DO SO BY THE ENTITY RESPONDING TO THIS RFP.

SIGNATURE:

PRINTED NAME:

TITLE:

NAME OF FIRM:

DATE:

SUBMITTAL FORM B–COST PROPOSAL

SECTION 1 – PROJECT COST

The Offeror is required to provide a clear breakdown in this Submittal Form. The Offeror’s Total Project Cost shall include the cost for everything that is necessary to meet the intent of the County as described in this RFB, including, but not limited to: materials, products, suppliers, equipment, fees, overhead, direct and indirect costs, etc.

Quantity Item Description Unit Price Extended

2 UniMac, model PAN055TN0MZA20CTAA, 55 lb.

on premise value line cabinet hard mount washer extractor If bidding an OR EQUAL, Please indicate Make and Model

Bidder must submit spec sheet for make and model of item and include a side by side comparison with the UniMac as indicated herein.

1 Delivery and installation for the above items at the Wayne County Jail, 7268 Route 31, Lyons NY 14489

Total:

Vendor: Phone Number: Email:

SUBMITTAL FORM C – NON-COLLUSION 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 to its own organization, under penalty of perjury, that to the best of knowledge and belief:

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

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

The signature of the Bidder to this Bid shall be deemed a specific subscription to the certificate required under

Section 103-d of the General Municipal Law of the State of New York, and the Bidder affirms that the statements herein contained are true under the penalties of perjury.

Sincerely Yours, Bidder:

By:

Signature of Authorized Representative

Title:

Address:

Phone Number:

Date:

SUBMITTAL FORM D – CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, AND RESPONSIBILITY

The undersigned certified, to the best of his/her knowledge and belief, that the Contractor and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding the proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity

(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding the Agreement had one or more public transactions

(Federal, State or Local) terminated for cause or default.

Print Name of Contractor:

By:

Signature of Authorized Representative

Print Name:

Title:

Date:

SUBMITTAL FORM E– CERTIFICATION OF COMPLIANCE WITH THE IRAN

DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) §165-a and New York General Municipal Law §103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List”). Pursuant to SFL §165-a (3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL §165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time of the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the County receive information that a Bidder/Contractor is in violation of the above-referenced certification, the County will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.

The County reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

I, ______________________________________, being duly sworn, deposes and says that he/she is the

________________________________ of the __________________________________ Corporation and that neither the Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List.

SIGNED

Sworn to before me this ______ Day of _______________, 20__ Notary Public

SUBMITTAL FORM F– CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any Person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all* sub-awards at all tiers (including sub-contacts, sub-grants, and Contracts under grants, loans, and cooperative agreements) and that all* sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Grantee/Contractor Organization Program Title

Name of Certifying Official Signature

Date

SUBMITTAL FORM G– INSURANCE DOCUMENTATION

The Offeror shall submit the following required insurance forms or a letter of intent from your insurance agent. The Offeror shall submit:

ACORD Form 25 - Certificate of Insurance to evidence all liability coverages as outlined in the RFP document.

A copy of the applicable Additional Insured endorsement form evidencing the coverage endorsed onto the liability policies as required in the RFP document.

New York State Workers’ Compensation Form C105.2 or New York State Insurance Fund form U26.3 to evidence New York State workers’ compensation coverage.

A copy of the applicable Waiver of Subrogation Endorsement Form, evidencing the coverage endorsed onto the Workers’ Compensation policy, either on a specific/scheduled or blanket basis.

Section 7

ATTACHMENTS & EXHIBITS

Exhibit 1 Sample Agreement / Contract

Exhibit 1

SAMPLE

OWNER-CONTRACTOR AGREEMENT

(Term of Contract: – )

THIS AGREEMENT, made as the _____ day of __________, 20___, by and between the COUNTY OF WAYNE, a municipal corporation with offices for business at 26 Church Street, Lyons, New York 14489 ("County") and __________________, having an address at ____________ ,________________,____________,("Contractor").

W I T N E S S E T H:

WHEREAS, in accordance with Wayne County Board of Supervisors’ Resolution No. _____, duly enacted on ______________, the Contractor is willing to provide services including, but not limited to___________________________________________________________________________________________ _____________________________ pursuant to the bid submitted _____________ 20___ for the Wayne County __________________, subject to the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties agree as follows:

1. TERM OF AGREEMENT

The term of this agreement shall commence on __________, 20___ and terminate on_________, 20__ with the option to renew for an additional one (1) year period, unless earlier terminated as provided herein.

2. SCOPE OF SERVICES

The Contractor shall provide _______________in accordance within the written RFP. THE HEREIN AGREEMENT SHALL SUPERSEDE AND BE CONTROLLING RELATING TO ANY AMBIGUOUS, INCONSISTENT OR CONTRARY TERM(S)

AND/OR CONDITION STATED WITHIN THE RFP.

3. WARRANTIES AND REPRESENTATIONS; STANDARDS OF PERFORMANCE

A. The Contractor warrants and represents that it is qualified to perform the work and services required of it under this agreement, and that it is familiar and will comply with all relevant and applicable federal, state, and local statutes, rules, and regulations affecting its performance under this agreement.

B. The Contractor warrants and represents that each person performing work under this agreement shall be completely trained, fully-qualified, and competent to perform such work and shall be properly licensed or certified, when required by law, to perform such services

C. The services to be rendered by the Contractor under this agreement shall be performed in an efficient and expeditious manner and in accordance with generally accepted professional standards and practices.

4. COMPENSATION AND PAYMENT

The County shall compensate the Contractor for services rendered at a total cost not to exceed that which is stated in exhibit A of the proposal

A. Payment by the County for the sum contracted for shall be made upon the submission of properly executed Wayne County claim vouchers, supported with such information and documentation necessary to substantiate the voucher. The County may audit records relating to expenses for services provided by the Contractor at any time during this Agreement and through and including twelve (12) months following this Agreement.

B. Payment(s) shall be made after satisfactory completion of such services upon audit and approval by the County of a claim for payment submitted by the Contractor in such form and containing such information and documentation as may be required by the Board of Supervisors.

C. Unless otherwise indicated herein, no payment shall be made by the County to the Contractor for out-of-pocket expenses or disbursements incurred by the Contractor in connection with the services rendered under this agreement.

D. The County may withhold payment on account of (1) failure of the Contactor to provide a Certificate of Insurance evidencing satisfactory compliance with the insurance requirements of this agreement; (2) failure of the Contractor to comply with any other provision of this agreement; or (3) failure of the Contractor to render services in a satisfactory manner.

5. ASSIGNMENT OR SUBCONTRACTING

The Contractor shall not assign or transfer this agreement or any interest arising herein, and shall not enter into any subcontract for the performance of the services provided for herein, without the prior written consent of the County.

6. EXECUTORY CLAUSE

This agreement shall be deemed executory only to the extent of the monies appropriated and available for the purpose of this agreement, and no liability on account thereof shall be incurred by the County beyond the amount of such monies.

7. INDEPENDENT CONTRACTOR STATUS

In performing the Services and/or supplying goods and incurring expenses under this agreement Contractor shall operate as, and have the status of, an independent contractor and shall not act as agent, or be an agent of the County. As an independent contractor, Contractor shall be solely responsible for determining the means and methods of performing the Services and/or supplying the goods and shall have complete charge and responsibility for Contractor’s personnel engaged in the performance of the same.

In accordance with its status as an independent contractor, the Contractor covenants and agrees that it will conduct itself consistent with such status; that it will neither hold itself, its employees, or agents, as or claim that they are officers or employees of the County; and that neither the Contractor nor its officers and employees will make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the County, including, but not limited to, workers' compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit.

8. PROCUREMENT OF AGREEMENT

Contractor represents and warrants that no person, other than an employee of the Contractor or selling agent has been employed or retained by Contractor to solicit or secure this Agreement upon an agreement or upon an understanding for a commission, percentage, a brokerage fee, contingent fee or any other compensation.

Contractor further represents and warrants that no payment, gift or thing of value has been made, given or promised to obtain this or any other agreement between the parties. Contractor makes such representations and warranties to induce the County to enter into this Agreement and the County relies upon such representations and warranties in the execution hereof.

For a breach or violation of such representations or warranties, the County shall have the right to annul this Agreement without liability, entitling the County to recover all monies paid hereunder and Contractor shall not make claim for or be entitled to recover, any sum or sums otherwise due under this Agreement. This remedy, if effected, shall not constitute the sole remedy afforded the County for such falsity or breach, not shall it constitute a waiver of the County’s right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.

9. CONFLICT OF INTEREST

Contractor represents and warrants that neither it nor any of its directors, officers, members, partners or employees, have any interest nor shall they acquire any interest, directly or indirectly which would or may conflict in any manner or degree with the performance or rendering of the Services herein provided. Contractor further represents and warrants that in the performance of this Agreement no person having such interest or possible interest shall be employed by it and that no elected official or other officer or employee of the County, nor any person whose salary is payable, in whole or in part, by the County, or any corporation, partnership or association in which such official, officer or employee is, directly or indirectly interested, shall have any such interest, direct or indirect, in this Agreement or in the proceeds thereof.

For a breach or violation of such representations or warranties, the County shall have the right to annul this Agreement without liability entitling the County to recover all monies paid hereunder and Contractor shall not make claim for, or be entitled to recover, any sum or sums otherwise due under this Agreement. This remedy, if elected, shall not constitute the sole remedy afforded the County for such falsity or breach, nor shall it constitute a waiver of the County’s right to claim damages or otherwise refuse payment to or to take any other action provided for by law or pursuant to this Agreement.

10. FAIR PRACTICES

Contractor and each person signing on behalf of the Contractor represents, warrants and certifies under penalty of perjury, that to the best of their knowledge and belief:

A. The prices in this Agreement have been arrived at independently by Contractor without collusion, consultation, communication, or agreement with any other bidder, proposer or with any competitor as to any matter relating to such prices which has the effect of, or has as its purpose, restricting competition;

B. Unless otherwise required by law, the prices which have been quoted in this Agreement and on the bid or quote submitted by Contractor have not been knowingly disclosed by Contractor prior to the communication of such quote to the County or the bid opening, directly or indirectly, to any other bidder, proposer or to any competitor; and

C. No attempt has been made or will be made by Contractor to induce any other person, partnership, corporation or entity to submit or not to submit a bid or quote for the purpose of restricting competition.

The fact that Contractor (i) has published price lists, rates, or tariffs covering items being procured (ii) has informed prospective customers of proposed or pending publication new or revised price lists for such items, or (iii) has provided the same items to the other customers at the same prices being bid or quote, does not constitute, without more, a disclosure within the meaning of this Article.

11. CONFIDENTIALITY

For purposes of this article:

A. The term “Confidential Information” as used herein means all material and information, whether written or oral, received by Contractor from or through the County or any other person connected with the County, or developed, produced, or obtained by Contractor in connection with the performance of Services under this Agreement. Confidential Information shall include, but not be limited to, samples, substances and other materials, conversations, correspondence, records, notes, reports, plans, drawings, specifications and other documents in draft or final form, including any documentation or data relating to the results of any investigation, testing, sampling in laboratory or other analysis, and all conclusions, interpretations, recommendations and/or comments relating thereto.

B. The term “Contractor” as used herein includes all officers, directors, employees, agents, subcontractors, assignees or representatives of Contractor.

Contractor shall keep all Confidential Information in a secure location within Contractor’s offices. The County shall have the right, but not the obligation, to enter Contractor’s offices in order to inspect the arrangements of Contractor for keeping Confidential Information secure. No inspection or failure to inspect by the County shall relieve Contractor of the responsibility for the performance of its obligations hereunder.

Contractor shall hold Confidential Information in trust and confidence, shall not disclose Confidential Information, or any portion thereof, to anyone other than the County without the prior written consent of the County, and shall not use Confidential Information, or any portion thereof, for any purpose whatsoever except in connection with the performance of the Services under this Agreement.

Contractor shall notify the County immediately upon receipt by Contractor of any request by anyone other than the County for, or any inquiry related to, Confidential Information.Contractor is not prohibited from disclosing portions of Confidential Information if, and to the extent that, (i) such portions have become generally available to the public other than by an act or omission of Contractor, or (ii) disclosure of such portions is required by subpoena, warrant or court order; PROVIDED, however, that in the event anyone other than the County requests all or a portion of Confidential Information, Contractor shall oppose such request and cooperate with the County in obtaining a protective order or other appropriate remedy unless and until the County in writing waives compliance with the provisions of this Article or determines that disclosure is legally required. In the event that such protective order or other remedy in not obtained, or the County waives compliance with this Article or determines disclosure is legally required, Contractor shall disclose only such portions of Confidential Information that, in the opinion of the County, Contractor is legally required to disclose, and Contractor shall use its best effort as to obtain from the party to whom Confidential Information is disclosed written assurance that confidential treatment will be given to such portions of Confidential Information as are disclosed, to the extent permitted by law.

Contractor shall obtain from each subcontractor of Contractor a confidentiality agreement running to the benefit of the County, substantively identical to this Article, prior to the performance of any of the Services in connection with this Agreement by each such subcontractor, and at any time if requested by the County, from the officers, directors, agents or employees of Contractor or any such subcontractor.

12. PUBLICITY

The prior written approval of the County is required before Contractor, or any of its employees, servants, agents, assignees or subcontractors, may, at any time, either during or after completion or termination of this Agreement, make any statement to the media or issue any material for publication bearing on the Services performed or data collected in connection with this Agreement.

If Contractor, or any of its employees, servants, agent, assignees or subcontractors, desires to publish a work dealing with any aspect under this agreement, or of the results or accomplishments attained in such performance, they must first obtain the prior written permission of the County which, unless otherwise agreed to by the County in said written permission, will entitle the County to have a royalty fee, and a non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use such publication.

13. OWNERSHIP OF CONFIDENTIAL INFORMATION

Notwithstanding any other provision herein to the contrary:

A. All Confidential Information, as defined in Section 11, including all copies thereof is the exclusive property of the County regardless of whether it is delivered to the County. Contractor shall deliver Confidential Information and all copies thereof to the County upon request.

B. To the extent that copies of Confidential Information are authorized by the County to be retained by

Contractor, they shall be retained in a secure location in Contractor’s office for a period of six (6) years after completion of the Services or termination of this Agreement, whichever later occurs, and thereafter disposed of at the County’s direction.

14. BOOKS AND RECORDS

Contractor agrees to maintain separate and accurate books, records, documents and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.

15. RETENTION OF RECORDS

Contractor agrees to retain all books, records and other documents relevant to this Agreement for six (6) years after the final payment or termination of this…