air conditioning service and maintenance for steuben ... · county purchasing department, ... air...

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LEGAL NOTICE Notice is hereby given that the Agriculture, Industry & Planning Committee of the Steuben County Legislature and the Steuben County Superintendent of Buildings & Grounds will receive sealed competitive sealed proposals per specifications for professional technical assistance from authorized service facilities relative to air conditioning service and maintenance for Steuben County facilities; document #GC-18-002-P. Scope of services, proposal forms and general provisions are available at the Steuben County Purchasing Department, 3 E. Pulteney Square, Bath, N.Y. 14810. Telephone number: 607-664-2484. These documents are also available on the Steuben County website, www.steubencony.org. Interested parties assume all responsibility to acquire information and forms. A non-mandatory pre-proposal conference is scheduled at 10:00 AM Tuesday, February 6, 2018, at the Steuben County Purchasing Department, 3 East Pulteney Square, Bath NY. No other conference or site visit is scheduled. To be considered, proposals must be submitted on Steuben County forms and delivered in a sealed opaque envelope. Proposals will be received at the Purchasing Department until 1:30 P.M. local time on Thursday, February 15, 2018; at which time proposals will be opened and read publicly. Late proposals shall not be considered. Steuben County retains the right to reject any or all proposals and to withdraw this solicitation at any time. Dated: January 12, 2018 ___________________ Andrew G. Morse Director of Purchasing

PPPUUURRRCCCHHHAAASSSIIINNNGGG DDDEEEPPPAAARRRTTTMMMEEENNNTTT COUNTY OF STEUBEN

3 EAST PULTENEY SQUARE

BATH, NEW YORK 14810-1510 (607) 664-2484

http://www.steubencony.org/

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Request for Competitive Sealed Proposals: Air Conditioning Service and Maintenance for Steuben County Facilities; document #GC-18-002-P 1. Objective:

Steuben County is seeking professional and technical expertise of qualified contractors relative to the maintenance and service of air conditioning systems for Steuben County.

2. Acquisition of Documents: a. Proposal documents are available, as of this date, at the Steuben County

Purchasing Department, 3 East Pulteney Square, Bath, N.Y. The office is open 8:30 A.M. – 4:30 P.M., except holidays. Telephone number: 607-664-2484. These documents are also available on the Steuben County website at www.steubencony.org.

b. Each contractor bears sole responsibility for acquisition of proposal documents. Request for documents to be forwarded is neither a guarantee nor an incurred obligation on the part of Steuben County to ensure requestor’s receipt of proposal documents, timely or otherwise.

c. Receipt of these proposal documents, unsolicited or otherwise, shall not be construed a pre-determination of your company’s qualifications to receive a contract award. Nor shall said receipt of these proposal documents be interpreted an endorsement that the recipient’s equipment, materials, products, and/or services are in compliance with the specifications.

3. Document Number:

a. This document has been assigned the following number: GC-18-002-P.

b. Relevant award(s), contract(s), agreement(s), correspondence, etc. shall reference the assigned document number.

c. It shall be understood by all interested parties that unless amended by, and only to the extent amended by, the Superintendent of Buildings & Grounds or the Director of Purchasing, this document (as well as all requirements set forth herein) shall become an integral component of any and all relevant contract(s), purchase order(s), agreement(s).

http://www.steubencony.org/

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4. Examination, Interpretation, Correction of Proposal Documents: Each contractor shall examine all proposal documents and judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to this proposal solicitation shall be in writing and submitted to the Purchasing Department (Reference: contact personnel clause) at least three (3) days prior to the scheduled proposal opening. The County shall not be responsible for oral interpretations given by any county employee, representative, or others. The issuance of written addendum/addenda is the only official method whereby interpretation, clarification or additional information can be given.

5. Requirements:

a. Prevailing Law – To all interested parties – any and all requirements specified herein notwithstanding, it is Steuben County’s intent that, in all instances and under any circumstance, the law of the land shall be in force. Steuben County does not knowingly request nor does it knowingly authorize action(s) which are contrary to the laws, regulations, mandates and all such statutes which are in force at any time during the term of any contract awarded as a result of this bid solicitation. Laws, regulations, mandates and all such statutes as promulgated by authorized government entities shall prevail.

b. Requirements – It shall be understood and agreed by all interested parties

that, unless amended (specifications modified and/or waived) by Steuben County, and only to the extent amended by the County, any and all information contained in this document is to be considered an essential component of the document and subsequent contract(s) and that the proposal document as published or amended represents the requirements acceptable to Steuben County. However, any and all requirements specified herein notwithstanding, it shall be understood and agreed by all interested parties that the following shall apply: Steuben County reserves as its right, the right to amend (modify and/or waive) specifications where such amendment; (1) Does not alter the essential nature and/or performance (the form,

function, and utility) of the equipment, product, or service. (2) Encourages the proffer of equivalent equipment, product, or service from

interested contractors and manufacturers.

c. Unless amended (specifications modified and/or waived) by the County, and only to the extent amended by the County, this document (all information, terms and conditions, requirements, specification, and addendum/addenda) shall prevail. If amended, said document as amended shall prevail.

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(1) Award of a proposal shall not be construed as approval, by the County, for the awarded contractor to deviate from this document; regardless of whether said deviation(s) is stated in the contractor’s attachment(s) to its proposal.

(2) Further, the County shall not be bound by the contents and language expressed in the contractor’s attachment(s) to its proposal; including any attachment(s) submitted to the contractor by manufacturers, sub-contractors, suppliers, and other parties.

6. Preparation of Proposal Documents:

Proposals must be submitted on the forms provided in the proposal documents and prepared in the following manner:

a. All proposal forms shall be legibly completed using a permanent medium (e.g. ink, typewriter, laser printer, etc.) i. If the submittal of unit price(s) is a requirement, said unit price(s) shall

prevail. ii. All mathematical functions (extensions, additions, etc.) are subject to

audit. iii. In the event of a discrepancy between the price in words and that in

figures, the lower price shall be considered the proposed price. iv. Each price proposal shall be expressed as a numerical dollar value;

indicators such as ditto marks, arrows, etc. are not acceptable.

b. All forms requiring the contractor’s signature shall be signed by the

contractor or the contractor’s authorized representative. Erasures and/or alterations shall be initialed by the individual whose signature appears on the proposal forms.

c. The contractor shall submit the proposal in accordance with the proposal documents and shall not make any changes in the wording of the forms or make any stipulations or qualify the proposal in any manner.

d. Unless otherwise specified by Steuben County, all proposals are required to be: FOB destination, freight allowed. Destination to be designated by the County.

e. All proposals shall be firm for a period of ninety (90) days from the opening date; during which time the County shall render its decision.

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7. Non-Collusive Bidding Clause and Certificate: a. Clause – By submission of this bid, each contractor and each person signing

on behalf of any contractor certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other contractor 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 contractor and will not knowingly be disclosed by the contractor 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 contractor to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.”

b. The contractor shall submit a signed and dated Non-Collusive Bidding Certificate with its proposal which is included in this document. Said certificate is mandated by Section 103-d of the General Municipal Law.

8. Hold Harmless Clause and Form:

a. Clause –The contractor agrees that it shall at all times save harmless the County of Steuben from all claims, damages or judgements or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of the contractor and in particular as may arise from the performance under this contract. In the event of an injury by the subcontractor or its employees, they shall cause notice to be served upon the County within twenty-four (24) hours of any such injury.”

b. The contractor shall submit a signed and dated Hold Harmless Clause form with its proposal, which is included in this document.

9. Iranian Energy Sector Divestment Certification:

Contractor hereby represents that said contractor is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”. By submission of this proposal, each contractor and each person signing on behalf of any contractor certifies and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the

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best of its knowledge and belief, that each contractor is not on the list created pursuant to NYS Finance Law Section 165-a(3)(b). The contractor shall submit a signed, notarized and dated Iranian Energy Sector Divestment Certification with its proposal. Said certificate is mandated by Section 103-g of the General Municipal Law. Reference the Iranian Energy Sector Divestment Certificate form included in this document.

10. Insurance: a. This document includes an information sheet entitled: STEUBEN COUNTY STANDARD

INSURANCE REQUIREMENTS. These requirements establish the minimum insurance(s) which the contractor(s) shall have in effect prior to entering into a contract to do business with Steuben County. Said insurance(s) are required to remain in effect throughout the term of the contract(s).

In the event that the contractor’s insurance lapses during the term of the contract, the County reserves, as its right, the right to cancel the contractor’s contract(s) and to purchase the contracted product(s)/service(s) on the open market; with any increase in cost(s) to Steuben County being charged to the contractor. Credit shall not be issued to the contractor where open market cost(s) to the County are less than the cost(s) contracted with the contractor.

b. Steuben County shall be named as an additional insured in the contractor’s policy for

all intents and purposes of contract(s) issued as a result of an award. The document number and title shall be referenced in the description/additional comments section of the certificate of insurance form.

PLEASE NOTE: Additional insured and certificate holder must only read: Steuben County, 3 E. Pulteney Square, Bath, N.Y. 14810.

c. Each contractor shall submit an original of its Certificate of Insurance (which

indicates the contractor’s compliance with the above sections a) and b) to Steuben County Purchasing Department, 3 E. Pulteney Square, Bath, New York 14810.

d. The Certificate of Insurance must be approved by the County Risk Manager prior to

the contractor’s acting on and/or performing any of the obligations it incurred as a result of the award and/or contract.

e. Self-employed persons must carry Worker’s Compensation coverage as directed by

the Steuben County Risk Manager. Contractor shall submit an original Certificate of NYS Worker’s Compensation Insurance Coverage form WC 88 31 21 C, which indicates the contractor’s compliance, to be approved by the County Risk Manager prior to the contractor’s acting on and/or performing any of the obligations it incurred as a result of the award and/or contract.

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f. Worker’s Compensation Insurance Exemption: Contractors claiming to be exempt

from the requirement to carry/provide Workers’ Compensation Insurance shall submit a fully executed CE-200 form; the form to be complete, notarized, and stamped as received by the New York State Workers’ Compensation Board.

11. Sales Tax Exemption:

The County is exempt from payment of sales and compensating use taxes of the State of New York and of cities and counties within the State of New York.

12. NYS Labor Law; Prevailing Wage and Supplements: a. The attention of each and all contractors 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. Steuben County does, in good faith, identify those projects/services it believes to be – Prevailing Wage and Supplements projects/services. The failure of Steuben County to accurately assess the wage status of a particular project/service shall not relieve the contractor of its responsibility to perform in accordance with the above referenced articles. Interested parties are directed to contact the NYS Department of Labor, Binghamton District Office at (607) 721-8005 for a determination of project/service status.

b. All interested parties (including, but not limited to, contractors and sub-

contractors) shall note, understand and comply with the following: In the event the New York State Department of Labor amends the Prevailing Wage Rate Schedule applicable to contracts entered into as a result of an award of this bid solicitation document, said interested party(ies) that are required to pay Prevailing Wages and Supplements shall be required to pay said Prevailing Wages and Supplements in accordance with the most current, applicable Prevailing Wage Rate Schedule in effect at the time the work is performed.

c. The General Provisions of Laws Covering Workers; NYS-DOL requires as

follows: “Every contractor and subcontractor shall submit to the Department of Jurisdiction (i.e. Steuben County), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (i.e. Steuben County) shall receive and maintain such payrolls.” As provided for, by the above referenced provisions, Steuben County is authorized to withhold payment(s) to contractors who are not in compliance with all NYS Department of Labor Law(s); with specific attention to Articles 8 and 9. Therefore, Steuben County shall withhold payment(s) to contractors who have not submitted the initial Certified Payroll and the periodic Certified Payroll(s) as required herein.

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d. The contractor shall be required to pay prevailing wage and supplements in accordance with NYS Labor Law Articles 8 and 9. The PRC# is 2017009312.

13. Wicks Law Projects under $500,000.

Pursuant to Section 101 of the General Municipal Law, bidders on a public works contract, where the preparation of separate specifications is not required, shall submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform work on the contract, and the agreed-upon amount to be paid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilation and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures. After the low bid is announced, the sealed list of subcontractors submitted with such low bid shall be opened and the names of such subcontractors shall be announced, and thereafter any change of subcontractor or agreed-upon amount to be paid to each shall require the approval of the public owner, upon showing presented to the public owner of legitimate construction need for such change, which shall be open to public inspection. Legitimate construction need shall include, but not to be limited to, a change in project specifications, a change in construction material costs, a change to subcontractor status as determined pursuant to paragraph (e) of subdivision two of section two hundred twenty-two of the labor law, or the subcontractor has become otherwise unwilling, unable or unavailable to perform the subcontract. The sealed lists of subcontractors submitted by all other bidders shall be returned to them unopened after the contract award.

14. Equivalents:

Where, in the bid documents, one certain kind, type, brand, technology or product manufacturer is named, it shall be regarded as the required standard of quality. It is not meant to exclude competition in any way. Similar equipment, products, or service, which are equal in quality, performance, compatibility and equally adaptable for the intended purposes, as determined by the County, and are submitted as specified in the bid documents, will be considered and may be accepted. The decision of the County as to equal will be final.

15. Protection from Claim Against “Or Equal”:

In the event of any claim concerning or relating to the issue of “equal or better” or “or equal” the awarded contractor agrees to hold the County of Steuben free and harmless from any and all claims for loss or damage arising out of this transaction for any reason whatsoever. The County is to be free and harmless for any and all legal fees and court costs.

16. Addendum/Addenda:

a. If an addendum has been issued prior to the County’s receipt of proposals; Steuben County shall attempt to notify potential contractors

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known to have received the proposal documents and whose contact information is on file with the County.

Steuben County does not ensure the potential contractor’s receipt of addendum. It shall be the responsibility of each contractor, prior to submitting its proposal, to contact the Director of Purchasing, 607- 664-2484, to determine if an addendum has been issued.

b. Addenda shall be available for review and/or copy at the Steuben County Purchasing Department, Room #217, Steuben County Office Building, 3 E. Pulteney Square, Bath, N.Y. It will also be available on the county web site.

c. It is a requirement that the contractor signs, dates and includes the addendum with its submission.

17. Multiple/Alternate Bid Submittal(s):

For those contractors intending to submit multiple/alternate proposals in response to this bid solicitation; the contractor is required and shall submit a completed bid documents packet for each bid submitted. Note: However, if there is a bid surety requirement, one (1) bid surety instrument, written for the highest required amount, shall suffice.

18. Late Proposals:

Contractor shall bear sole responsibility for the delivery of their proposal in a timely manner. Reliance upon the U.S. Postal Service or other carriers is at the contractor’s risk. Late proposals shall not be considered and shall be returned unopened.

19. Right of County to Seek Clarification, Accept or Reject Proposal(s), etc:

a. Steuben County reserves as its right, the right to require clarification from contractors for the purpose of assuring a full understanding of the contractor’s responsiveness to the solicitation requirements.

b. Steuben County reserves as its right; the right to accept or reject any

and all proposals (or separable portions thereof), the right to waive irregularities and technicalities, and the right to request resubmission of proposals.

20. Civil Rights:

The County of Steuben, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and New York State Labor Law; Article 8 - Public Work, Section 220e hereby notifies all contractors that it will affirmatively ensure that any contract awarded as a result of this proposal solicitation will

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be awarded without discrimination on the grounds of race, color, sex or natural origin.

21. Method of Award: The award may be made to the most responsible contractor whose proposal is determined to be in the best interest of Steuben County and who is deemed the best fit to serve the County’s requirements based upon criteria stated under the Scope of this RFP, the evaluation of references, corporate qualifications and, if deemed necessary, an interview with the contractor and the designated committee.

Price will not necessarily be the determining factor in the award of the contract. All proposals will be evaluated to determine if they meet the required format and are in compliance with all requirements of the Request for Proposals.

Incomplete or non-responsive proposals may be rejected at the discretion of Steuben County.

22. Assignability:

The awarded contractor shall not assign, transfer, convey, sub-contract, sublet or otherwise dispose of all or portions of the contract (and/or work to be performed as a result of the contract) or its right, title or interest therein, or its power to execute such contract, or its responsibility therein to any other person, company or corporation, without the prior written consent of the Superintendent of Buildings and Grounds and the AIP Committee.

23. Cancellation of Contract: Steuben County reserves, as its right, the right to cancel the contract(s) resulting from an award of this solicitation at any time during the contract period, without penalty to Steuben County and without stated reason, by delivering a written ten (10) day notice of intent to the contractor(s) or its representative(s). Said notification mailed to the contractor or its representative via the US Postal Service; First Class Mail shall be considered sufficient and delivered.

24. Standard(s): It shall be understood by all parties that;

a. Where in this bid document, compliance with a certain standard (or standards) is required, the awardee shall be required to comply with said standard(s) in its most recent revised form; i.e. the most current revision. The term “standard(s)” shall include, but is not limited to, all laws, mandates, regulations, etc. established by

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government bodies, as well as established industry and professional standards.

The following are by way of example only and shall not be considered “all-encompassing”: Standard: Established By: ASTM American Society for Testing Materials ANSI American National Standards Institute US-EPA/Federal EPA United States Environmental Protection Agency NYS DOT New York State Department of Transportation

b. Regardless of whether or not standards* are specified herein, it shall be deemed a requirement that all awardees adhere to the most current Government, Industry and Professional standards; regardless of whether those standards are established via dictum or “common practice”.

*See a. above

25. Contractors List A contractors list shall not be made available prior to the proposal opening.

26. Pre-Proposal Conference:

a. A non-mandatory, pre-proposal conference will be convened on Tuesday February 6, 2018 at 10:00 AM.

b. The conference will convene at the Steuben County Purchasing Department, 3 East Pulteney Square, Room 217, Bath NY. No other conference and/or site visit is scheduled.

c. The conference is non-mandatory. Penalty shall not be assessed to any party for not attending said conference. We encourage all interested parties to attend. Failure to attend the conference shall be at the interested contractor’s own peril.

27. Contact Personnel

Questions, concerns, and/or requests for clarification should be directed to: Andrew G. Morse, Director of Purchasing; telephone (607) 664-2484.

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GENERAL INFORMATION AND REQUIREMENTS Air Conditioning Service and Maintenance for Steuben County Facilities Document #GC-18-002-P 1. Scope:

The scope of work as contained in this request for proposal, document GC-18-002-P will cover air conditioning equipment operated at the following locations:

a) Steuben County Office Building, 3 East Pulteney Square, Bath NY 14810, and

Steuben County 911, 6979 Rumsey St. Ext., Bath NY 14810 and b) Steuben County Public Safety Building, 7007 Rumsey St. Ext., Bath NY

14810.

Invoicing of services shall be separate for each building. Steuben County reserves the right to add additional air conditioning systems if necessary.

2. Standards, Codes, and Laws:

All materials and all work performed to complete the project(s) specified herein, shall comply with all applicable standards, codes, laws, rules, and regulations; including, but not limited to, those promulgated by OSHA, MSHA.

3. Selection of a Contractor:

Selection shall only be made from proposals submitted by qualified, responsive and responsible entities who sufficiently meet the terms, conditions, and specifications stated herein. However, under all circumstances and all statements to the contrary notwithstanding, Steuben County reserves as its right, the right to determine the contractor in accordance with the best interest of Steuben County. All submitted proposals are subject to final review and acceptance by the appropriate personnel or committee(s) of the Steuben County Legislature before a determination is made. Receipt of proposals by the County shall not be construed as authority to bind the county. The County reserves the right to conduct interviews if deemed necessary.

4. By in toto it is meant, the aggregate of all costs billable to Steuben County including but not limited to travel, freight, labor, materials, and equipment.

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5. Qualifications:

The County shall be free to make any inquiry(ies) it deems necessary to ascertain the qualification(s) of the contractor and/or the accuracy of statements made by the contractor as to its qualification(s).

6. References:

Any response to this request for proposal shall contain at a minimum three (3) references with contact names and phone numbers where the contractor has completed projects similar in nature in New York State.

7. Proposal Cost:

The price shall be an in toto price per the proposed scope of services/deliverables.

8. Information to be Included in the Proposal:

a. Title page: show the RFP subject, name of contractor’s firm, local address, telephone number, name of contact person and the date.

b. Letter of transmittal: limit to one or two pages with the following: -Briefly state the contractor’s understanding of the work to be done. -Give the names of the persons who will be authorized to make representations for contractor, their titles, addresses and telephone numbers. -Give the firm’s federal taxpayer’s identification number.

c. Contractor profile: State whether the firm is local, regional or national. -Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors and other professional staff employed at that office.

d. Summary of contractor’s qualifications in addition to minimum qualifications: identify partners, managers and supervisors who will work on the project.

9. Submittal of Proposal(s):

Those submitting proposals do so entirely at their expense. There is no express or implied obligation by Steuben County to reimburse any contractor or individual for any costs incurred in preparing or submitting proposals, preparing or submitting additional information requested by the County, or for participating in any selection interviews.

a. For each proposal it submits, the contractor shall submit two (2) sets of its RFP; including all required documents (e.g. signed clauses, statements, forms, bonds, insurance, manufacturer’s specifications, etc.)

1) One (1) set shall be stamped (or otherwise indicated) as being the “ORIGINAL.” Information in this set shall prevail.

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2) Other sets shall be stamped (or otherwise indicated) as being the “DUPLICATE” or “COPY.”

b. Requirements for addressing the bid submittal envelope:

i. The proposal shall be submitted in a sealed opaque envelope marked on the outside with: the contractor’s name and address and the designation: “Sealed Proposal: A/C Service and Maintenance”.

ii. The envelope shall be addressed to Andrew G. Morse, Director of Purchasing, Steuben County Office Building, 3 E. Pulteney Square, Bath, N.Y. 14810.

c. Proposals shall be received at the Purchasing Department at the time

specified, at which time proposals shall be opened and read publicly.

d. Facsimile transmitted proposals are not acceptable and shall be rejected.

e. Security procedures are in effect at the Steuben County Office Building. Interested parties, especially contractors who intend to hand deliver bids and/or conduct business with the Steuben County Purchasing Department should allow sufficient time for any delay which may arise as a result of security procedures. To be considered delivered on time, a submission must be received at the Purchasing Department by the appointed hour.

f. All proposals will become property of the County once the advertised date and time of the proposal opening has arrived. The County will have the right to disclose all or any part of a proposal to public inspection based on its determination of what disclosure will serve the public interest. Prospective offerors are further advised that, except for trade secrets and certain personnel information (both of which the County has reserved the right to disclose), all parts of proposals must be disclosed to those members of the general public making inquiry under the New York State Freedom of Information Law (NYS Public Officers Law, Article 6). Should an offeror wish to request exemption from public access to information contained in its proposal, the offeror must at the time of submission of its offer, specifically, identify in their submission the information and explain in detail why public access to the information would be harmful to the offeror.

10. Contract Award:

Award of contract will be made following a review of the proposal by County staff as deemed appropriate, and approval will be made by a designated committee.

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11. Contract Term:

The contract shall be effective for one (1) year with the option of renewal for up to four (4) years at same terms and conditions as in the original agreement upon mutual written consent of both parties pending available funding and program requirement.

12. Modification or Withdrawal of Proposals: a) A proposal 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 proposals are to be submitted at any time prior to the scheduled time for opening of proposals.

b) No proposal may be modified, withdrawn or canceled for a period of one hundred twenty (120) days after the date of the proposal opening and all proposals shall be subject to acceptance by the County during this period.

13. Project Manager:

Questions, concerns, and/or requests for clarification which are specific to the technical requirements stated in this document should be directed to: Eric Rose, Superintendent of Buildings and Grounds, 3 E. Pulteney Square, Bath NY 14810.

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Air Conditioning Service and Maintenance for Steuben County Facilities The intent of this request for proposal is to establish a single contract for air conditioning equipment service and maintenance. 1) Full service maintenance including all parts, travel and labor for periodic inspections

and repair calls which are the result of equipment failure caused by component failure within the equipment but excluding the those parts damaged by misuse, accident or negligence on the part of the operator.

2) In the event equipment is not functioning, the contractor will respond to the service call within the guidelines set in the specifications. Working hours are defined from 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays.

3) The county contact person for the Steuben County Office Complex and 911 will be Eric Rose, Superintendent of Buildings and Grounds, telephone number (607) 664-2384. The County contact person for the Public Safety Building is to be determined and the contractor will be advised.

4) All maintenance, service shall be performed by factory qualified maintenance technicians totally familiar with all of the equipment installed and located at the county sites.

5) The successful contractor will not subcontract or permit anyone other than the contractor’s personnel to perform any of the work, services or other performance required of the contractor under this contract without prior written consent of thie County of Steuben.

6) Maintenance parts will be furnished on an exchange basis and the replaced parts become the property of the contractor. Only new standard O.E.M. parts or parts of equal quality shall be used in effecting repairs. The contractor shall be prepared to submit certification of quality accompanying any rebuilt part. All non O.E.M. parts must be approved by the County. The County reserves the right to ask to inspect all parts that are replaced.

7) Records of service: The contractor shall maintain a record of all service performed on each unit including all field or engineering changes performed. This service record shall be available for review if requested by the County. This service record shall be individual record, identifying the unit explicitly, with the complete history of dated service. The contractor shall also furnish the county a record of every call and the name of the contact person at the completion of the call. (Person to sign completed work order.) This record shall at a minimum set forth: a) Time County placed the service request.

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b) Time contractor’s maintenance representative arrived at site.

c) Explicit identification of unit serviced and a record of the exact service location, including parts replaced, if any.

d) Problem initially reported by the County

e) A record of the time the County has had the machine under maintenance by the vendor.

f) Time of completion of the call and actual hours spent on service.

g) Start and complete date. The contractor will also furnish a copy of the service call, with the above information, including signatures of both parties attached to the billable invoices. The signature of the county representative does not signify that the equipment is operating as required. The county will determine by this operation and in doing so, the quality of the service.

8) Response time/service depot: The contractor shall provide the county with a

designated point of contact and make arrangement to enable their maintenance representative to service requests for maintenance service (will be verified by county).

a) Location of service b) Address c) Telephone number d) Name of contact representative e) Location of service parts f) Miles radius from Bath NY from main maintenance service location g) Names/certification of each service technician h) Training completion of each service technician i) Response time for each call j) Other as deemed necessary by the County of Steuben

At the time of the problem call, the county will indicate to the contractor the kind of severity as follows: Emergency Mission critical system and major impact on

business County requires a one (1) hour response time

Urgent Production system affected and business is reduced in its capacity

County requires a two (2) hour response time

Serious Reduced capabilities County requires a four (4) hour response time

Normal Some device down but impact on business is nominal

County requires a four (4) hour response time

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Each failure to meet the required response time will be recorded by the using agency. 9) Continuity and renewal rights: Contractor agrees to provide the maintenance

services as defined in this contract for as long as the equipment is installed and the contract is in effect for either the initial term or through renewal.

10) Spare parts availability: Contractor shall maintain a local spare parts inventory of 95% for the county’s machines to allow proper maintenance of equipment and to meet the effectiveness standards under this contract. The county reserves the right to inspect vendor parts inventory.

11) Local service, not to be an in house telephone service: The successful contractor shall have and maintain a local service station in close proximity to fulfill all the contract requirements. This service station shall be capable of supplying and installing component parts and troubleshooting, repairing and maintaining the county’s equipment. Please list service station location and value of inventory parts.

12) Qualified technicians: Contractor shall have on staff qualified technical personnel experienced in the maintenance of the county’s AC equipment. This personnel staff shall be located in a service location situated to provide all of the contract’s service requirements. The county requires a list of all qualified technical personnel and the location of their base service station that will be responsible to service the county’s machines.

13) Contract term: One year from time of award with option to renew for four (4) separate one (1) year terms.

14) Evaluation process: Any contract resulting from this request for professional services shall be awarded to the contractor providing the best proposal to the County of Steuben. After determining responsiveness, proposals will be evaluated in accordance with the following categories and respective weight criteria:

a) Experience, expertise of personnel and reliability b) Proposed method of performance c) Cost

After an initial screening process, a technical question and answer conference or interview may be conducted, if deemed necessary, to clarify or verify the respondents proposal and to develop a comprehensive assessment of the proposal. Steuben County reserves the right to consider historic information and fact, whether gained from the contractor’s proposal, question and answer conferences, references or any other source in the evaluation process.

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15) Contract award: Any award of a contract resulting from this request for professional services will be made only by written notification and contract by the County.

16) Pricing: The contractor must provide a firm, fixed price for all requirements set forth in the request for proposal.

17) Proposal security: a) Each proposal must be accompanied by security which shall not be less than five

percent (5%) of the proposal base. Security shall be submitted in the form of a certified check or bank draft, or bid bond in the form acceptable to the county. A bond shall be secured by a Surety Company authorized to do business in the State of New York as a surety. No proposal will be considered unless it is accompanied by the required security. Certified checks or bank drafts must be payable to the order of the Steuben County Treasurer.

b) Proposal securities will be returned within ten (10) days after the proposals are opened to contractors whose proposals in the judgment of the County will not be considered in making the award. All other securities will be returned upon execution and submission of the agreement and the required surety bonds by the successful contractor.

c) If the contractor to whom the contract is awarded fails, neglects or refuses to execute the agreement, the security shall be forfeited to the County as liquidated damages.

18) Contractor’s experience and reliability: Experience and reliability of the

contractor’s organization is considered in the evaluation process. Therefore, the contractor is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP. The contractor should provide the following information related to previous and current contracts which are considered identical or similar to the requirements of this RFP.

a) Name, address and telephone number of contracting agency and contract person for verification of all data submitted.

b) Dates of contract

c) A brief, written description of the specific prior services performed and requirements thereof.

19) Expertise of contractor’s personnel: The qualifications of the personnel proposed

by the contractor to perform the requirements of this RFP will be considered in

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the evaluation. Therefore, the contract should submit detailed information related to the experience and qualifications of the technical support staff proposed to perform the support.

20) Proposed method of performance: Proposals will be evaluated based on the contractor’s distinctive plan for performing the requirements of the RFP. Since the evaluators have already read the scope of work as described in the RFP, it is not necessary for the contractor to repeat the exact RFP language or to present a paraphrased version, as an original idea for a technical approach. The contractor should present a written narrative which demonstrates the method or manner in which the contractor proposes to satisfy the requirements of the scope of work. The language of the narrative should be straightforward and limited to facts, solutions to problems and plans of proposed action. The contractor should provide an organizational chart showing the staffing and line of authority for the key personnel to be used.

21) Contract price: Cost figures should be firm for the contract term.

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Scope of Work Air Conditioning Service and Maintenance for Steuben County Facilities

1. Policy: Contractor shall make every effort to eliminate where possible, or vigorously reduce, the emissions of CFC and HCFC refrigerants to the atmosphere which result from the service and maintenance of AC equipment.

2. Leak Prevention: Contractor shall adhere to the preventive maintenance schedule that specifies regular leak testing to ensure system integrity. Evacuation prior to charging shall be done with a vacuum pump capable of obtaining a 1000 micron vacuum or less. The unit should stand for 12 hours and vacuum should not rise above 2500 microns of mercury. A rise about 2500 microns of mercury indicates a leak test is required to locate and repair leaks. A leak test should be required on any repaired area. Refrigerant shall be charged into the machine only when it is determined that the machine does not leak or contain moisture. The refrigerant charge shall be determined by weight. When charging is complete, contractor shall purge or drain charging lines into an approved refrigerant container. Contractor shall repair all detected leaks. In addition, fittings shall be tightened, brazed joints checked, worn gaskets and seals replaced and attention given to anti-leak integrity of the AC system.

3. Refrigerant Recover/Recycling/Reclaim:

CFC/HCFC refrigerants used in AC equipment shall be recovered/recycled and/or reclaimed for reuse or properly disposed of whenever it is removed from the equipment. Contractor shall work to minimize the loss of CFC/HCFC refrigerants to the atmosphere. Reclaimed refrigerant used on AC equipment should meet ARI-700 standards. Before recovering refrigerant, contractor shall perform a chemical analysis of the refrigerant as appropriate. Contractor shall use recovery equipment that shall be capable of pumping the system down to 10 inches of vacuum. All recovery services using EPA certified recovery equipment shall be supplied at no additional charge to the County. Contractor shall not open the unit to atmosphere for service work until the refrigerant charge is fully recovered.

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4. Refrigerant Handling/Disposal: Contractor shall consult the manufacturer’s material safety data sheets (MSDS) on CFC/HCFC refrigerants to understand health, safety, storage, handling and disposal requirements. Contractor shall supply approved containment vessels and refer to appropriate safety standards. Contractor shall comply with all applicable transportation standards as well as any state and local licensing requirements when transporting refrigerant containers. All refrigerant removed from AC equipment shall be stored in appropriate containment vessels. Once the refrigerant has been placed in vessels, the vessels and seals shall be leak tested for tightness. All containment vessels shall be stored in areas where excessive heat build-up does not take place. If possible, the storage area temperature shall be below 70 degrees F.

5. Cleaning Systems Components: Only cleaning solvents that do not have ozone depletion factors shall be used and proper disposal of used materials. Refrigeration system clean-up methods using filters and driers are preferred and shall be used when practical.

6. Service Equipment Components:

Extra care shall be taken to properly maintain all service equipment directly supporting refrigerant service work such as gauges, hoses, vacuum pumps and recycling equipment.

7. Awareness/Training:

Contractor shall communicate information on development of the rapidly changing CFC/HCFC issue and conduct refrigerant training seminars at the owner’s request.

8. Field Service Representative Qualification:

The service work on all equipment covered shall be performed by qualified, professional service engineers that meet the following minimum requirements:

a) Utilize properly maintained service and testing equipment that meets the requirements of the AC equipment manufacturer’s service and maintenance guidelines.

b) Can show evidence of training and experience with the specific type of equipment to be serviced.

c) Has obtained Universal Certification through an EPA approved testing facility.

d) Contractor must provide a list of field service engineers showing a minimum of five (5) years service experience on specific AC equipment covered by this contract; list to include certification by ID numbers.

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9. Parts Inventory/Availability: Contractor must provide OEM (original equipment manufacturer’s) parts or approved equivalent for all maintenance and repairs provided under the coverage of this agreement. The owner may request additional parts inventory be maintained locally at the contractor’s expense as required to perform emergency service repairs; fans, shafts, bearing, motors, contactors, etc.

10. Chemical Analysis:

All refrigerant and oil analysis is to be performed by Trane Service First Laboratory when required under the terms of this agreement.

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Scope of Coverage Air Conditioning Service and Maintenance for Steuben County Facilities

1. Equipment Covered:

A. County Office Complex & 911 Qty. Manufacturer Model/Type

Equipment Serial Number

Equipment located at County Office Complex: 1 Trane CGRCD204EA L86D37817 1 Trane CGRCD204EA L86D37818 1 Trane 30RBD09054-L4L-7 0512q76969 1 Trane RAUCB754B 0851-06824 1 Liebert System 3 Equipment located at 911 Building: 1 McQuay Condensing Unit AC2039AC27ER10 STNU020800140 1 McQuay Condensing Unit AC2013AC27ER10 STNU020800133 1 Lennox Condensing Unit LSA072C-16 5698D05988

B. Public Safety Building Qty. Manufacturer Model/Type

Equipment Serial Number

1 McQuay Snyder General WHR080200 52A8180200 1 McQuay Snyder General WHR080D-A 52A8180300 1 Snyder General Air Con-Air Cool Condenser APD120CU12 9YK0145300 1 Snyder General Air Con-Air Cool Condenser APD120CU12 9YK0145400

2. Fall Maintenance:

Once a year a thorough preventive maintenance schedule will be performed including the following:

a) Check unit thoroughly for refrigerant leaks, repair as required. b) Check and calibrate safety and operating controls. c) Meg test compressor motor. d) Check and tighten all electrical terminals and check contacts for wear. e) Check oil level in compressor and add as required f) Tighten motor terminals and control panel terminals. g) Check crankcase heater. h) Check external interlocks, flow switch, pumps and fans. i) Check oil sample for acid. j) Report any uncorrected deficiencies noted.

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3. Written Reports:

Provide to customer representative following each regular inspection or emergency call.

4. Seasonal Start-up:

a) Test motor (meg). b) Start machine. Check controls and calibrate. c) Check refrigerant and oil levels, repair and add as required. d) Check operation and refrigerant pressure. e) Make complete operating log and record readings. f) Check starter operation, voltage and current. g) Check external interlocks. h) Set up operating log with operator, instruct and advise troubleshooting techniques.

5. Scheduled Preventive Maintenance:

Four (4) inspections during the operating season will be made and include:

a) Make complete operating log and record proper operating temperatures, pressures, voltages and amperages.

b) Check and adjust operating and safety controls. c) Check operation of crankcase heater. d) Check compressor oil level and add as required. e) Check operation of control circuit. f) Check operating log with operator, discuss operation of machine generally. g) Check water/air flow of evaporator and condenser. h) Check superhear i) Check operation of all motors and starters j) Report to operator any uncorrected deficiencies noted.

6. Analysis Services:

Various diagnostic tests on all equipment covered are to be performed a minimum of once per year depending on equipment duty and type as checked below. Reports with interpretation and recommendations to be included.

a) Oil sample and analysis for wear metals, acid content and moisture. b) Refrigerant analysis as required.

7. Clean condenser coils:

Once a year, furnish labor for pressure cleaning of condenser coils, air-cooled, on all equipment and to include the DX coil in air handler on Trane split system.

8. Replacement Parts and Components:

All parts, refrigerant, oil and other materials to complete repairs are to be furnished under the provisions of this agreement.

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9. Major Repair Labor: This includes all labor to diagnose, repair or replace failed components of the equipment covered under the provisions of this agreement. Any tools, equipment, rigging, crane, etc., required will be covered at the expense of the contractor.

10. Maintenance and Repair of Trane Model RAUCB754B Split System:

This will include refrigerant piping to and from Trane unit and air handler with DX coil. Check for leaks and repair as required, maintain air handler to include motor, belts and coil.

11. Maintenance and Repair of Liebert Piping and Condenser:

This shall include refrigerant lines and air cooled condenser.

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Request for Professional Services Professional Technical Assistance from Authorized Service Facilities Relative to Air Conditioning Service and Maintenance, Document #GC-18-002-P FILE DAY, DATE & TIME: Thursday, February 15, 2018; 1:30 P.M. local time Submission may be mailed or hand delivered. SUBMIT TO: Andrew G. Morse, Director of Purchasing Steuben County Purchasing Department 3 East Pulteney Square Bath NY 14810 The undersigned, having an integral understanding of the objective, terms and conditions, specifications and contractor’s responsibility as stated in the Request for Professional Services documents, does hereby submit a proposal for the provision of services as stated below and pursuant to the Request for Professional Services. We acknowledge that have a full set of contract documents, including any and all addenda and understand their meaning and intent, that we have examined the site and location where the work is to be performed and are familiar with the site conditions insofar as they affect the cost and administration of the work. Addendum #: Dated: Addendum #: Dated: Steuben County reserves the right to award one or more parts of this proposal or reject any or all proposals, as it deems in the best interest of the County. Cost to perform air conditioning maintenance service as outlined in this request for professional services: Renewal Option for Year 1, 2, 3, & 4 Location Initial Year

Cost Year 1 Year 2 Year 3 Year 4

A. Steuben County Office Complex & 911

B. Public Safety Building

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Page 2 Request for Professional Services Professional Technical Assistance from Authorized Service Facilities Relative to Air Conditioning Service and Maintenance, Document #GC-18-002-P FILE DAY, DATE & TIME: Thursday, February 15, 2018; 1:30 PM local time SUBMIT TO: Andrew G. Morse, Director of Purchasing Steuben County Office Building

3 East Pulteney Square Bath NY 14810

PLEASE PRINT OR TYPE: Company Name:

Federal Employer ID:

Company Address: Name:

Title:

Signature:

Date:

Telephone Number:

Fax Number:

E-mail Address:

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Attachment “D” Certification Pursuant to Section 103-g Of the New York State General Municipal Law IRANIAN ENERGY SECTOR DIVESTMENT 1. Contractor/proposer hereby represents that said contractor/ proposer is in compliance with New

York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said contractor/proposer has not:

a) Provided goods or services of $20 million or more in the energy sector of Iran including

but not limited to the provision of 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; or

b) Acted as a financial institution and extended $20 million or more in credit to another

person for forty-five (45) days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any contractor/proposer who has undertaken any of the above and is identified on a list created

pursuant to Section 165-a (3) (b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every contractor/ proposer submitting a

bid/proposal in response to this request for bids/request for proposals must certify and affirm the following under penalties of perjury:

a) “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 its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3) (b).”

Steuben County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any bid/proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the bidder/proposer cannot make the certification as set forth in subdivision (a) above, the bidder/proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the bid/proposal to any bidder/proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

a) The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012 and the bidder/proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

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Attachment “D” Certification Pursuant to Section 103-g Of the New York State General Municipal Law IRANIAN ENERGY SECTOR DIVESTMENT Page 2

b) The County of Steuben has made a determination that the goods or services are

necessary for the County to perform its functions and that, absent such an exemption, the County of Steuben would be unable to obtain the goods or services for which the bid/proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

_________________________________ ________________________________ Signature Title _________________________________ ________________________________ Company Name Date STATE OF NEW YORK) COUNTY OF STEUBEN) ss: On the ________ day of ____________________ in the year __________ before me, the undersigned, personally appeared ________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ______________________________________________ Notary Public

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NON-COLLUSIVE CERTIFICATE By submission of this proposal, each contractor and each person signing on behalf of any contractor certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this proposal 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 contractor or with any competitor; 2. Unless otherwise required by law, the prices which have been proposed in

this proposal have not been knowingly disclosed by the contractor and will not knowingly be disclosed by the contractor prior to opening, directly or in-directly, to any other contractor or to any competitor; and

3. No attempt has been made or will be made by the contractor to induce

any other person, partnership or corporation to submit or not to submit a proposal for the purpose or restricting competition.

NAME:_______________________________________________________________ ADDRESS:____________________________________________________________ SIGNED BY:_______________________________TITLE:_______________________ NAME PRINTED/TYPED:_________________________________________________ TELEPHONE NUMBER:_______________________DATE:_______________________ PROPOSAL TITLE:_______________________________________________________

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HOLD HARMLESS CLAUSE As a successful contractor, I shall hold harmless the County of Steuben and representatives thereof from all suits, actions or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safe-guarding contract work or on account of any act or omission by the contractor or his employees, or from any claims or amounts arising or recovered under any law, ordinance, regulation or decree. NAME OF COMPANY:___________________________________________________ SIGNED:_____________________________________________________________ NAME:_______________________________________________________________ TITLE:_________________________________DATE:_________________________ PROPOSAL TITLE:______________________________________________________

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CERTIFICATE OF NYS WORKER’S COMPENSATION INSURANCE COVERAGE 1a. Legal Name and Address of Insured (Use street address only) Work Location of Insured (Only required if coverage is specifically limited to certain locations in New York State, i.e. a Wrap-Up Policy)

1b. Business Telephone Number of Insured 1c. NYS Unemployment Insurance Employer Registration Number of Insured 1d. Federal Employer Identification Number of Insured or Social Security Number

2. Name and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder)

3a. Name of Insurance Carrier 3b. Policy Number of entity listed in box “1a”: 3c. Policy effective period: to 3d. The Proprietor, Partners or Executive Officers are: included. (Only check box if all partners/officers included) all excluded or certain partners/officers excluded.

This certifies that the insurance carrier indicated above in box “3” insures the business referenced above in box “1a” for workers’ compensation under the New York State Workers’ Compensation Law. (To use this form, New York (NY) must be listed under Item 3A on the INFORMATION PAGE of the workers’ compensation insurance policy.) The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed above as the certificate holder in box “2”. The Insurance Carrier will also notify the above certificate holder within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indicated on this Certificate. (These notices may be sent by regular mail.) Otherwise, this Certificate is valid for one year after this form is approved by the insurance carrier or its licensed agent or until the policy expiration date listed in box “3c”, whichever is earlier. Please Note: Upon the cancellation of the workers’ compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workers’ Compensation Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Workers’ Compensation Law. Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this form. Approved by: (Print name of authorized representative or licensed agent of insurance carrier) Approved by: (Signature) (Date) Title: Telephone Number of authorized representative or licensed agent of insurance carrier: Please note: Only insurance carriers and their licensed agents are authorized to issue the C-105.2 form. Insurance brokers are NOT authorized to issue it.

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Appendix A

STEUBEN COUNTY STANDARD INSURANCE REQUIREMENTS Prior to commencement of work, delivery of services, acquisition of merchandise or equipment a Certificate of Insurance and a policy endorsement covering items A, B & C must be delivered to the County Department responsible for the agreement, and to the County Risk Manager. A Certificate of insurance may be used to show coverage only. ITEMS:

A. Steuben County, 3 East Pulteney Square, Bath, N.Y., 14810 shall be named as an additional insured (for the purposes of coverage but not the payment of premium).

B. ACKNOWLEDGEMENT: The insurance companies providing coverage acknowledge that the named insured is entering into a contract with

Steuben County in which the named insured agrees to defend, hold harmless, and indemnify the County, its officials, employees and agents against all claims resulting from work performed, material handled and services rendered. The contractual liability coverage evidenced will cover the liability assumed under the County-Contractor agreement.

C. Prior to non-renewal, cancellation or a change of coverage on this policy, at least thirty (30) days advance written notice shall be given to Steuben

County Risk Manager at Steuben County Offices, 3 Pulteney Square East, Bath, N.Y. 14810 Workers' Compensation Coverage will be required for anyone doing any kind of work for Steuben County. This includes self-employed individuals. The Steuben County Risk Manager may waive this requirement. Proof of Workers’ Compensation Coverage must be submitted on NYS Workers’

Compensation Board Approved Forms.

MINIMUM COVERAGES AND LIMITS ARE

TYPE OF CONTRACT COVERAGES REQUIRED LIMITS REQUIRED

PROFESSIONAL SERVICES

PROFESSIONAL LIABILITY MINIMUM $1,000,000 AUTO LIABILITY TO INCLUDE:OWNED,HIRED & NON OWNED MINIMUM $1,000,000 WORKERS COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY

CONSTRUCTION & MAINTENANCE

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL,BROAD FORM PROPERTY DAMAGE,(XCU HAZARDS)

MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000 WORKERS' COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY

ACQUISITION OF SUPPLIES OR EQUIPMENT

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PRODUCTS & COMPLETED OPERATIONS , CONTRACTUAL,BROAD FORM PROPERTY MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY EMPLOYERS LIABILITY STATUTORY DISABILITY BENEFITS STATUTORY

COUNTY PROPERTY USED BY OTHERS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL,PERSONAL INJURY,LIQUOR LEGAL LIABILITY

MINIMUM $1,000,000


CONCESSIONAIRE SERVICES LIVERY SERVICES

MUNICIPAL AGREEMENTS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES & OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT CONTRACTOR, CONTRACTUAL,PERSONAL INJURY,LIQUOR

MINIMUM $1,000,000


Bid specifications, particular contracts, leases or agreements may require increased limits and/or additional coverage. If there are questions please contact the Steuben County Risk Manager 607-664-2104

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AGREEMENT

THIS AGREEMENT made effective the DAY day of MONTH, YEAR by and between the COUNTY

OF STEUBEN, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York and being one of its political subdivisions, having its principal place of business in the Village of Bath, Steuben County, State of New York, through its Department, herein after called the “County”, and Company Name, a Company Type, with an address of , hereinafter called the “Agent.”

WITNESSETH:

WHEREAS, the County has sought to procure ; and WHEREAS, the County and Agent are desirous of entering into an agreement for said purpose, and WHEREAS, the Agent has the knowledge, skills, and experience necessary to perform these services, NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained the

parties agree as follows: 1. SCOPE OF WORK. . 2. TERM. The term shall be . 3. CONSIDERATION. Consideration shall not exceed . 4. INSURANCE. The Agent agrees to maintain insurance as specified by attached Appendix “A”

and shall provide the Steuben County Risk Manager with a certificate of insurance naming Steuben County as an additional insured for purposes of coverage on a direct, primary, and non-contributory basis. All certificates of insurance shall provide that County be given thirty (30) days notice of any intent to cancel coverage. Self-employed persons must carry such Worker’s Compensation coverage as directed by the Steuben County Risk Manager.

5. COMPLIANCE WITH RULES, REGULATIONS AND LAWS. It is mutually agreed that all

rules, regulations and laws pertaining hereto shall be deemed to be part of this Agreement, and anything contained herein that may be in whole or in part inconsistent therewith shall be deemed to be hereby amended and modified to comply with such legislation, rules, regulations and laws, for and during such time the same shall be in effect, but at no other time. If any provision contained herein is found now or during the life of this Agreement to be null and void, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Agreement leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof.

The Agent agrees to comply with the Federal Commercial Drivers License Drug and Alcohol Testing

Program requirements set forth in 49 CFR Parts 40 and 382. In acceptance of this Agreement, the Agent covenants and certifies that he will comply in all

respects with all Federal, State, County or other Municipal Law which pertains hereto regarding work on municipal contracts, matters of employment, length of hours, workers’ compensation and human rights.

6. CONFIDENTIALITY. Information relating to individuals who may receive services pursuant to

this Agreement shall be confidential and maintained and used only for the purposes intended under this Agreement, in accordance with any applicable State or Federal laws, rules and regulations. The Agent specifically covenants and

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certifies that it will comply in all respects with the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the HIPAA Privacy Rule and the HIPAA Security Rule with respect to the Protected Health Information (“PHI”) of clients of the County. For purposes of HIPAA, the Agent shall be referred to as a “Business Associate.” Any Agent who, as part of the work to be performed under this Agreement, will use, disclose or otherwise come into contact with PHI will be required to execute a Business Associate Agreement, which is hereby incorporated herein and made a part hereof.

7. CONFLICT OF INTERESTS. The Agent hereby stipulates and certifies that there is no

member of the Steuben County Legislature or other Steuben County Officer or employee forbidden by law to be interested in the Agreement directly or indirectly, who will benefit therefrom or who is a party thereto.

8. LICENSES. The Agent hereby agrees that he will obtain, at his own expense, all licenses or

permits necessary for this work, if any are necessary prior to the commencement of said work and shall be solely responsible for paying any and all fines or penalties incurred as a result of any improper or unlicensed services.

9. INDEPENDENT CONTRACTOR STATUS. The Agent covenants and agrees that he will

conduct himself consistent with his status, said status being that of an independent contractor and that himself, his employees or agents will neither hold themselves out as, nor claim to be an officer or employee of the County of Steuben, for such purposes as, but not limited to, Workers’ Compensation coverage, Unemployment Insurance Benefits, Social Security or Retirement membership or credit. The Agent shall have exclusive responsibility for the means, manner, and methods of performing its obligations under this Agreement. For sole purposes of the HIPAA Privacy Rule, the Agent shall be considered a Business Associate.

10. HOLD HARMLESS. The Agent shall at all times defend, indemnify and hold harmless the

County of Steuben and its employees from any and all claims, damages or judgments or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of Agent and in particular as may arise from the performance under this contract. Such obligation to the County shall not be construed to negate, abridge or reduce other rights of indemnity which would otherwise exist. This provision shall supersede any other provision in this Agreement deemed to be in conflict, unless specifically stated otherwise.

11. SET-OFF RIGHTS. The County shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the County’s option to withhold for the purposes of set-off any money due to the Agent under this Agreement up to any amounts due and owing to the County with regard to any contract with any County department, office or agency.

12. AUDIT. The Agent shall take such action, if applicable and as necessary and appropriate, to

comply with Federal Circular A-128 or Circular A-133 relative to Single Audit of Federal Financial Assistance. In any event, the Agent shall provide the County with appropriate documentation should the County wish to conduct an audit relative to the expenditure of the funds pursuant to this Agreement.

13. RECORDS. The Agent shall submit to County upon request such schedule of quantities and costs,

progress schedules, payrolls, reports, estimates, records, and other data that the County may request concerning work performed or to be performed under this Agreement. All books and records of the Agent shall be available upon request for inspection and/or audit by the County during the time hereof and for a period of six (6) years hereafter.

14. EXAMINATION OF BUDGET AND APPROPRIATION OF FUNDS. It is expressly

understood by and between the parties that any and all payments made pursuant to the within contract may not be in an amount in excess of the sum appropriated therefore in the Budget. The Agent specifically acknowledges his

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responsibility to examine the Budget to assure himself that the within contract price complies with the amount appropriated therefore. The within contract shall be unenforceable, unless approved by a roll call vote of the Steuben County Legislature, should the contract price exceed the amount appropriated for the object purpose of the contract. The contract shall be deemed executory only to the extent of money available to the County of Steuben for the performance of the terms hereof and the County of Steuben beyond monies available thereof shall incur no liability on account for the purpose thereof.

The preceding clause shall not apply to contracts for provision of services where the State of New

York or the U.S. Government mandates the payment and/or amount thereof. In that event, the Department Head represents that there is a funding source sufficient to pay for services provided pursuant to the contract.

The Agent agrees that the County shall have no liability under this Contract to the Agent or to anyone else

beyond funds appropriated and available for this contract. 15. ASSIGNABILITY. This contract may not be assigned, transferred, conveyed, sublet or disposed

of without the previous consent, in writing, of the County of Steuben. To the extent assignment is granted in accordance with the terms of this paragraph, this Agreement shall be binding on the parties, their successors, heirs, and assigns.

16. AMENDMENTS. No waiver, modification, or amendment of this Agreement or any part thereof shall be valid unless in writing and duly executed by the parties hereto. A waiver of any breach hereof shall not prevent a forfeiture for any succeeding breach.

17. ENTIRE AGREEMENT. This Agreement contains the sole and entire Agreement between the

parties relating to the services provided hereunder and shall supersede any and all other Agreements between the parties. Any other statements or representations made by either party are void and have no force or effect. Agreement shall be governed by the laws of the State of New York and any claims brought hereunder shall be brought in and under the jurisdiction of the State of New York.

18. TERMINATION. County may terminate this agreement at any time upon 30 days written notice.

19. CORPORATE COMPLIANCE. The Agency has received a copy of the Steuben County Corporate Compliance Plan. Additionally, the Agent has reviewed and signed the Independent Contractor / Agents / Vendors Acknowledgement Form attached hereto as Appendix B and incorporated herein.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

COUNTY OF STEUBEN AGENT

BY: BY: Dated: Dated: Approved as to Form: ______________________________________________ (Deputy) County Attorney STATE OF NEW YORK) COUNTY OF STEUBEN) ss: On this day of , before me, the undersigned, personally appeared to me known, who

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being by me duly sworn, did depose and say that he/she resides in , New York; that he/she is the of the County of Steuben described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Steuben County Legislature. _____________________________________________ Notary Public STATE OF NEW YORK) COUNTY OF STEUBEN) ss: On the ________ day of ______________ in the year _____ before me, the undersigned, personally appeared _________________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. _____________________________________________ Notary Public