2025028 Pentair-Myers Submersible Pumps _ Service.pdf

TOWN OF AMHERST Page 1 of 17

AMHERST, NEW YORK 14221 BID NO. 2025028

Town of Amherst Contract Compliance & Administration Department

INVITATION TO BID # 2025028

Pentair - Myers Submersible Pumps & Service

Bid Instructions:

Four (4) copies of the proposal are required.

All four (4) bid packets may be placed in one sealed envelope.

In each of the four (4) bid packets being submitted, EACH page requiring a signature, must be an original signature, and must be signed in BLUE INK.

If you are submitting bids for more than one job, please put in separate envelopes, marked with the Bid number.

Please submit to:

Town of Amherst Contract Compliance & Administration – 2nd Floor 5583 Main Street Williamsville, New York 14221

NOTE: Lower left hand corner of envelope MUST indicate the following:

BID NUMBER: 2025028

OPENING DATE: July 31, 2025_ TIME: 12:00 PM

FOR: ______Pentair-Myers Submersible Pumps & Service_______ ______

NAME OF BIDDER:

If you are submitting other Invitations to Bid, each bid must be enclosed in a separate envelope.

Following EXHIBITS are attached to and made a part of the bid specifications, and part of any agreement entered into pursuant to this Invitation to Bid:

X EXHIBIT "A" - Assignment of Public Contracts N/A EXHIBIT "D" - Bid Bond (Formal Bid) 5% X EXHIBIT "F" - Agreement Addendum X EXHIBIT "G" - Non-Collusive Bidding Certification X EXHIBIT “I” - Certification of Compliance with the Iran Divestment Act N/A EXHIBIT “P” - Prevailing Wage Schedule

TOWN OF AMHERST Page 2 of 17

NOTICE TO BIDDERS

Town of Amherst Contract Compliance & Administration Department

Bid #2025028 Pentair-Myers Submersible Pumps & Service

Sealed proposals for the above mentioned project in the Town of Amherst, NY will be received by the Contract Compliance & Administration Office in the Municipal Building, Williamsville, NY 14221 on or before 12:00 PM local time on July 31, 2025.

Specifications may be obtained via e-mail to khalton@amherst.ny.us or examined at the Contract Compliance & Administration Office of the Town of Amherst between the hours of 8:00 AM and 4:00 PM through the bid opening date, excluding Saturdays, Sundays and Holidays.

By Order of the Town Board Town of Amherst, New York

Lynda L. Juul Director of Finance

July 10, 2025

TOWN OF AMHERST Page 3 of 17

Town of Amherst Contract Compliance & Administration Department

BID SPECIFICATIONS

ITEM

NO

QTY U/M CATALOG NO/DESCRIPTION UNIT

PRICE

TOTAL

COST

Price Per NYS Contract if Applicable

NYS Contract #____________________________

1A 1 % Discount

From

MLP

Equipment / Parts Discount % - to supply Pentair Myers submersible pumps, parts and components at a percentage discount from manufactures list price. All associated freight costs shall be figured into this percentage as NO ADDITIONAL COSTS

WILL BE CONSIDERED.

Discount

1B 1 TOTAL

PRICE

Totals from BID ITEM 1B worksheet. This worksheet is for award purposes only and has no guarantee of volume. Orders will be placed by the TOA WPCF on an as-needed basis.

2 4 EA Pickup/Return Fee – for pump that the Town of Amherst would like evaluated for possible repair.

3 4 EA Evaluation Fee - fee to fully evaluate a Pentair Myers submersible pump and provide an estimate for repair; this estimate would be priced as per the terms of this contract.

4 80 HR Labor Charge - hourly labor charge for Pentair Myers submersible pump / motor repairs. This work would be performed at the awarded bidder’s place of business.

5 $500 % Mark Up

Parts Markup - for parts and components required for the repairs under bid item 4 that are not available through bid item 1A, our primary pricing source. For this we would ask for a percentage mark up over the awarded bidder’s cost.

Bidders Cost x % Mark Up = TOA Unit Price.

A copy of the original purchase receipt shall be supplied at time of invoicing, this will be required for each part and/or component with a cost over $75.00.

Mark-Up

NO ADDITIONAL CHARGES WILL BE ALLOWED.

NAME OF BIDDER: _________________________________________________________________

TOWN OF AMHERST Page 4 of 17

INTENT

The intent of this bid package is to provide the Town of Amherst (TOA) and the Water Pollution Control Facility (WPCF) with proposals from qualified respondents to supply the entire line of Pentair Myers submersible pumps. Additionally, the TOA WPCF would like to set up a term contract to include evaluation of failed Pentair Myers submersible sewage pumps along with possible repairs if it is shown to be cost effective. This bid shall be awarded to the lowest responsible bidder(s) as determined by the Town of Amherst.

DESCRIPTION OF FACILITY OPERATION

The Town of Amherst Water Pollution Control Facility is located at 455 Tonawanda Creek Road in the Town of Amherst. The plant is owned and operated by the Town of Amherst and treats raw sewage from throughout the Town, the Village of Williamsville and from portions of the Town of Clarence.

Treated effluent is discharged to Tonawanda Creek under conditions of a State Pollutant Discharge Elimination System (SPDES) permit issued by the New York State Department of Environmental Conservation (NYSDEC). As a by-product of processing, the facility generates bio solid residuals (sludge), grit and screenings that require disposal.

SPECIFIICATIONS

BID ITEM 1A – Equipment / Parts Discount %

To supply a complete line of Pentair Myers submersible pumps, parts and components at a percentage discount from manufacturer’s list price. The list minus percentage shall remain the same for all items listed below.

To supply a complete line Pentair Myers submersible pumps and parts including, but not limited to, recessed impeller, enclosed impeller, and grinder pumps. The TOA WPCF intends to purchase mostly 4” recessed impeller pumps, but occasionally other pumps may be requested.

To supply a complete line of Pentair Myers associated items including, but not limited to, guiderails, chains, lifting bails, leg kits, guide brackets, rail systems, rail supports, controllers, panels, and additional cord lengths.

The above items will be ordered on an as-needed basis with no guarantee of quantities.

Freight cost shall be figured into the percentage discount, as no additional costs will be considered, unless otherwise stated within this bid document.

Expedited Freight: If the TOA WPCF requests expedited shipment at time of order placement, actual freight costs will be allowed. At time of invoicing a copy of the receipt, showing actual freight cost, shall be included.

Manufacturer’s List Price is the manufacturer’s published list price that must be provided to the TOA before any order is actually placed. It is preferred to have an electronic means of verifying list price.

TOWN OF AMHERST Page 5 of 17

BID ITEM 1B WORKSHEET – This page must be filled out with the same percentage discount used for each item, and the total entered in to the total cost for bid item 1B on page 3.

This worksheet is for award purposes only and has no guarantee of volume. Orders will be placed by the TOA WPCF on an as-needed basis.

MYERS Manufacturers Discount TOA

QTY Information PUMP DESCRIPTION List Price % Cost

1 Cat. # 4R20M6-21 Myers Recessed Impeller Submersible

Part # 26479F000 2 HP / 230 Volt / 1 PH / 1150 RPM

7.25 STD. DIA. IMP. with 50' Cord

1 Cat. # 4R20M6-03 Myers Recessed Impeller Submersible

Part # 26479F001 2 HP / 200 Volt / 3PH / 1150 RPM

7.25 STD. DIA. IMP. with 50' Cord

1 Cat. # 4R30M4-21 Myers Recessed Impeller Submersible

Part # 22850F000 3HP / 230 Volt / 1PH / 1750 RPM

5.25 STD. DIA. IMP. with 50’ Cord

1 Cat. # 4R30M6-21 Myers Recessed Impeller Submersible

Part # 266479F010 3 HP / 230 Volt / 1 PH / 1150 RPM /

7.75" STD. DIA. IMP. with 50' Cord

1 Cat. # 4R30M6-03 Myers Recessed Impeller Submersible

Part # 26479F011 3.0 HP / 200 Volt / 3 PH / 1150 RPM

7.75 STD. DIA. IMP. with 50’ Cord

1 Cat. # 4R50M4-21 Myers Recessed Impeller Submersible

Part # 22851F004 5.0HP / 230 Volt / 1PH / 1750 RPM

6.75 STD. DIA. IMP. with 50' Cord

1 Cat. # 4R50M4-03 Myers Recessed Impeller Submersible

Part # 22851F000 5.0HP / 200 Volt / 3 PH / 1750 RPM

6.75 STD. DIA. IMP. with 50' Cord

1 Cat. # 4R75M4-03 Myers Recessed Impeller Submersible

Part # 22852FOOO 7.5HP / 200Volt / 3PH / 1750 RPM

7.5 STD. DIA. IMP. with 50' Cord

TOTALS for BID ITEM #1

TOWN OF AMHERST Page 6 of 17

BID ITEM 2 – Pickup / Return Fee

This fee would be for pickup and return (roundtrip) of a pump that the Town of Amherst would like evaluated for possible repair. The TOA WPCF is located at 455 Tonawanda Creek Road, Amherst NY 14228. The pickup and receiving hours are from 6:00 am until 2:00 pm Monday through Friday, excluding holidays. Repair evaluations shall be completed within 10 business days of pump receipt, and repairs completed within 20 business days of written authorization, unless otherwise agreed upon in writing.

BID ITEM 3 – Evaluation Fee

This fee would be to fully evaluate a Pentair-Myers submersible pump and provide an estimate for repair; this estimate would be priced as per the terms of this contract. If the TOA WPCF decides not to approve the repair, the pump shall be returned in a timely fashion.

BID ITEM 4 – Labor Charge

This fee would be an hourly labor charge for Pentair –Myers submersible pump / motor repairs.

This work would be performed at the awarded bidder’s place of business.

BID ITEM 5 – Parts Markup

This fee would be for parts and components required for the repairs under bid items 3 and 4 that are not available through bid item 1A, which is our primary pricing source. For this we would ask for a percentage mark up over the awarded bidder’s cost.

Example: Bidders Cost x Percentage Mark Up = TOA Unit Price.

In addition, a copy of the original purchase receipt shall be supplied at time of invoicing this will be required for each part or component totaling over $75.00.

CONTRACT TERM:

The Town of Amherst is awarding a two-year term contract. This contract may be extended for not more than two successive periods of equal length at the same bid price upon the mutual agreement of the successful respondent and the Town of Amherst.

In the event that prevailing wage is the only reason for a price adjustment, the Town of Amherst may consider an adjustment to the hourly rate of the same percentage as the change in prevailing wage (prevailing wage at contract inception or last extension vs current rate) at time of contract extension only. Request must be in writing and be mutually agreed to by both parties.

SHORT TERM EXTENSION

In the event the replacement Contract has not been issued, this Contract may be extended unilaterally by the Town of Amherst for an additional period of up to one month upon notice to the Contractor with the same terms and conditions as the original Contract including, but not limited to, quantities (prorated

TOWN OF AMHERST Page 7 of 17 for such one month extension), prices and delivery requirements. With the concurrence of the Contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement Contract be issued in the interim.

INSURANCE

Insurance is required as per the attached Addendum. Please note that if you are shipping via third party, you should advise us via e-mail and NYS Workers Compensation and Disability will not be required.

BID RESULTS

Bid results cannot be given over the phone. All requests for bid results should be submitted via e-mail to: Khalton@amherst.ny.us.

INTERPRETATION OF DOCUMENTS

All questions about the meaning or intent of the specifications must be submitted via email to zkittleman@amherst.ny.us & khalton@amherst.ny.us. Please include Bid #2025028 Pentair-Myers Submersible Pumps & Service in the e-mail subject line. Replies will be issued by Addenda and emailed to all parties recorded as having received the proposal documents. Questions received within 5 days of the bid opening will not be responded to.

TOWN OF AMHERST Page 8 of 17

Town of Amherst Contract Compliance & Administration Department

INSTRUCTIONS TO BIDDERS (FORMAL)

1. Bid shall be submitted on these Town of Amherst bid forms or bid will not be considered. Bid must be typed or printed in ink. Original autograph signatures in ink are required. Facsimile or rubber stamp signatures will not be accepted. ALL PAGES OF THIS BID DOCUMENT MUST BE RETURNED INTACT

2. Late Proposals. Any responses received after the date and time prescribed will not be considered for contract award.

3. Emergency Closings. In the event the closing of certain Town facilities and/or operations and/or services due to any flood, fire, fire drill, power failure, uncontrolled weather conditions or other cause beyond the Town’s control, only bids received in the Contract Compliance & Administration Department prior to the date and time or postmarked as of the date prescribed will be considered for contract award.

4. Any change in wording or interlineation by a bidder of the inquiry as published by the Town of Amherst shall be reason to reject the proposal of such bidder, or in the event that such change in the Invitation to Bid is not discovered prior to entering into a contract, to void any contract entered into pursuant to such bid.

5. The Town of Amherst reserves the right to reject any and all bids, to accept either in whole or in part any one bid or combination of bids, as may be provided in the bid specifications, or to waive any informalities in bids. The Town does not obligate itself to accept the lowest or any other proposal.

6. Award to the lowest responsible bidder. For the purpose of determining which bidder is the lowest qualified responsible bidder, it shall be the lowest three bidders' responsibility, within FIVE DAYS of being so notified by the Contract Compliance & Administration Department, to present information and documentation to the Director of Contract Compliance & Administration, to satisfy the Town that the bidder possesses sufficient capital resources, skill, judgment and experience to perform the work or deliver the material, as per bid specifications.

7. Contract(s) or purchase order(s) will be awarded after due consideration of the suitability of goods and/or services bid to satisfy these specifications, the total cost of such goods and/or services including all cost elements, and the timeliness of the agreed upon delivery date.

8. This EXECUTORY CLAUSE shall be a part of any agreement entered into pursuant to this bid:

It is understood by the parties that this agreement shall be executory only to the extent of the monies available to the Town of Amherst and appropriated therefore, and no liability on account thereof shall be incurred by the Town beyond the monies available and appropriated for the purpose thereof.

9. Failure to meet delivery schedule as per accepted bid may result in legal action by the Town of Amherst to recover damages.

10. Prices shall be quoted F.O.B. Destination, delivered inside (The dock or inside office). "Tailgate delivery" will not be accepted unless specified by the Town of Amherst.

11. Collect transportation charges will not be paid by the Town of Amherst. All freight, cartage, rigging, postage or other transportation charges shall be prepaid and included. There will be no additional charges for delivery.

12. No taxes are to be billed to the Town of Amherst. Proposals shall not include any Federal, State, or local excise, sales, transportation, or other tax, unless Federal or State law specifically levies such tax on purchases made by a political subdivision. The Town of Amherst Purchase Order is an exemption certificate. Any applicable taxes from which the Town of Amherst is not exempt shall be listed separately as cost elements, and added into the total net price.

13. The successful respondent shall comply with all laws, rules, regulations and ordinances of the Federal Government, the State of New York and any other political subdivision or regulatory body which may apply to its performance under this contract.

14. Gratuities, Illegal or Improper Schemes. The Town may terminate this agreement if it is determined that gratuities in the form of entertainment, gifts or otherwise were offered or given by a vendor, his agent or representative to any Town official or employee with a view towards securing favorable treatment with respect to the awarding of this bid or the performance of this agreement. The Town may also terminate this agreement if it is determined that the successful bidder engaged in any other illegal or improper scheme promotive of favoritism or unfairness incidental to the bidding process or the performance of this agreement.

TOWN OF AMHERST Page 9 of 17

In the event that it is determined that said improper or illegal acts occurred, the Town shall be entitled to terminate this agreement and/or exercise any other remedy available to it under existing law.

15. Insurance shall be procured by the Successful Bidder before commencing work, no later than 14 days after notice of award and maintained without interruption for the duration of the Contract, in the kinds and amounts specified in the Agreement Addendum, unless otherwise stipulated in these Bid Specifications. If the insurance is not provided in acceptable form within this period of time, then the Director of Contract Compliance & Administration may declare the vendor non-responsive and award the contract to the next responsible vendor.

16. Any cash discount which is part of bid will be considered as a reduction in the bid prices in determining the award of the bid. Date of invoice must not precede date of delivery. The Town of Amherst policy is to pay all claims in a timely manner within the specified time. However, if for some reason payment is delayed, the Town will take the discount when payment is made. The Town will not pay any interest charges, nor refund discount amounts taken after the discount period. If this is unsatisfactory, please quote net.

17. Changes in work. The Town may, as the need arises, through the Director of Contract Compliance & Administration, order changes in the work through additions, deletions, or modifications without invalidating the contract. Compensation, as it may be affected by any change, shall be adjusted by agreement between the contractor and the Town through the Director of Contract Compliance & Administration.

18. Bid offering material other than that of specified manufacturer or trade name will be considered unless stated otherwise. The use of the name of a particular manufacturer, trade name, or brand in describing an item does not restrict a bidder to that manufacturer or specific article. However, the substituted article on which a proposal is submitted must be of such character or quality that it would serve the purpose for which it is to be used equally well as the manufacturer or brand specified. Proposals will be accepted in accordance with specifications on file or approved equal.

19. If material or services other than those specified in this bid document are offered, the bidder must so state and furnish at the time of bid opening, if so requested, and as part of his bid the following information in duplicate:

(a) Complete description of the item offered, and detailed explanation of the differences between the item specified and the item offered. If, in the opinion of the Director of Contract Compliance & Administration Department, sufficient detail is not presented as a part of the sealed bid to permit definitive evaluation of any substitute item, the bid will not be considered.

(b) Descriptive literature of item offered, for evaluation.

(c) List of installations in the Town of Amherst of the item offered.

(d) List of other installations.

20. Any additional information for which bidder desires to add to the bid shall be written on a separate sheet of paper, attached to and submitted with the formal sealed bid, to be read at the formal opening.

21. Workmanship must meet with the approval of the department head(s) involved, and shall be first class in every respect without exception and shall be equal to the best modern practices. Materials furnished are to be new and unused. All materials furnished or work performed are to be guaranteed free from defects. Anything found defective or not meeting specifications, no matter in what stage of completion, may be rejected and shall be made good by the contractor at his own expense.

22. Contractor shall Clean up and remove all debris and rubbish resulting from the work and leave the premises broom clean to the approval of the department head.

23. THIS BID IS FIRM AND IRREVOCABLE for a period of 45 days from the date and time of the bid opening. If a contract is not awarded within the 45 day period, a bidder to whom the bid has not been awarded, may withdraw his bid by serving written notice of his intention to do so upon the Contract Compliance & Administration Department. Upon withdrawal of the bid pursuant to this paragraph, the Contract Compliance & Administration Department will forthwith return the bidder's security deposit.

24. Prices charged to the Town of Amherst are to be no higher than those offered to any other governmental or commercial consumer. If a bidder has a New York State or a Federal GSA contract for any of the items covered in this bid or any similar items, he shall so indicate that he has said contract on

TOWN OF AMHERST Page 10 of 17 these bid papers and automatically supply a copy of this contract within five days after notification of award.

25. Price is Firm. The unit prices bid shall remain firm, and any other charges bid shall also remain firm, for delivery of the equipment, material, work, or services described in this bid. No cost increase shall be charged for any reason whatsoever.

26. Extension of price protection. Any contract entered into pursuant to this bid to supply the Town of Amherst requirements of goods and/or services for a definite period of time as stated in the attached specifications may be extended for not more than two successive periods of equal length at the same bid price upon the mutual agreement of the successful respondent and the Town of Amherst. All extensions shall be submitted in writing and shall have prior approval by the Town of Amherst, Director of Contract Compliance & Administration.

27. In executing this bid, the bidder affirms that all of the requirements of the specifications are understood and accepted by the bidder, and that the prices quoted include all required materials and services. The undersigned has checked all of the bid figures, and understands that the Town will not be responsible for any errors or omissions on the part of the undersigned in preparing this bid. Mistakes or errors in the estimates, calculations or preparation of the bid shall not be grounds for the withdrawal or correction of the bid or bid security. In case of error in extension of prices in the bid, the unit price will govern.

28. The undersigned shall be fully accountable for his or its performance under this bid, or any contract entered into pursuant to this bid, and agrees that he, or its officers, will answer under oath all questions relevant to the performance thereof and to any transaction, act or omission had, done or omitted in connection therewith if called before any Judicial, Town, County or State officer or agency empowered to investigate the contract or his performance.

29. Termination of contract:

a. This agreement may be terminated by either party upon seven (7) days written notice, should the party fail substantially to perform in accordance with its terms, through no fault of the party initiating the termination.

b. At its option, the Town may at any time for any reason terminate this agreement and the Contractor shall immediately cease all work under the agreement upon receipt of written notice of such termination from the Town.

c. In the event of termination for any reason other than the fault of the Contractor, or the nonavailability of funds as provided in the above Executory Clause, the Contractor shall be paid the amount due to date of termination, and all reasonable expenses caused by such termination.

30. The successful bidder to whom the bid is awarded shall indemnify and hold harmless the Town of Amherst and its agents and employees from and against all claims, damages, losses or causes of action arising out of or resulting from such vendor’s performance pursuant to this bid.

31. Status as an independent contractor: The successful Bidder to whom the bid is awarded and the Town agree that the Bidder and its officers, employees, agents, contractors, subcontractors and/or consultants are independent contractors and not employees of the Town or any department, agency or unit thereof. In accordance with their status as independent contractors, the Bidder covenants and agrees that neither the Bidder nor any of its officers, employees, agents, contractors, subcontractors and/or consultants will hold themselves out as, or claim to be, officers or employees of the Town or any department, agency or unit thereof.

32. Governed by New York law: This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Erie.

33. A contract formed by the acceptance of this bid shall be deemed to have been let in a manner that constitutes competitive bidding consistent with state law and made available for use by other governmental entities pursuant to General Municipal Law 103 (16).

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Town of Amherst Contract Compliance & Administration Department

To facilitate correct drawing and execution of contract, bidder shall supply full information concerning legal status:

FIRM NAME __________________________________________________________

ADDRESS OF PRINCIPAL OFFICE:

STREET _____________________________________________________________

CITY _____________________________________________STATE _____________

ZIP ______________ AREA CODE ______ PHONE __________________________

Check one: CORPORATION_____ PARTNERSHIP_____ INDIVIDUAL_____

FEDERAL ID NUMBER: ________________________________________________

E-MAIL ADDRESS: ______________________________________________________

INCORPORATED UNDER THE LAWS OF THE STATE OF _____________________

If foreign corporation, state if authorized to do business in the State of New York:

YES ______ NO ______

TRADE NAMES: _______________________________________________________

ADDRESS OF LOCAL OFFICE:

STREET _____________________________________________________________

CITY _____________________________________________STATE _____________

ZIP ______________ AREA CODE ______ PHONE __________________________

NAMES AND ADDRESSES OF PARTNERS:

(Rev. 7/2017)

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EXHIBIT "A"

Town of Amherst Contract Compliance & Administration Department

ASSIGNMENT OF PUBLIC CONTRACTS

GENERAL MUNICIPAL LAW - Section 109:

1. A clause shall be inserted in all specifications of contracts hereafter made or awarded by an officer, board or agency of a political subdivision, or any district therein, prohibiting any contractor, to whom any contract shall be let, granted or awarded, as required by law, from assigning, transferring, conveying, subletting or otherwise disposing of the same, or of his right, title or interest therein, or his power to execute such contract, to any other person or corporation without the previous consent in writing of the officer, board or agency awarding the contract.

2. If any contractor, to whom any contract is let, granted, or awarded, as required by law, by any officer, board or agency of a political subdivision, or of any district therein, without the previous written consent specified in subdivision one (1) of this section, assign, transfer, convey, sublet or otherwise dispose of such contract, or his right, title or interest therein, or his power to execute such contract to any other person or corporation, the officer, board or agency which let, made, granted or awarded such contract shall revoke and annul such contract, and the political subdivision or district therein, as the case may be, and such officer, board or agency shall be relieved and discharged from all liability and obligations growing out of such contract to such contractor, and to the person or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise disposed of, and such contractor, and his assignee, transferee or sublessee shall forfeit and lose all monies, theretofore earned under such contract, except so much as may be required to pay his employees. The provisions of this section shall not hinder, prevent or affect any assignment by any such contractor for the benefit of his creditors made pursuant to the laws of the State.

NO ASSIGNMENT OF ANY AGREEMENT pursuant to this bid shall be made without specific prior approval, in writing, by the Town of Amherst Director of Contract Compliance & Administration.

(Rev. 7/2017)

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EXHIBIT “F”

Addendum to Contract Award Major Exposure

1. Notwithstanding any other provision in this Agreement, the following clauses shall be controlling. Should any other provision of the Agreement conflict with the clauses in this Addendum then the provisions of this Addendum are to be enforceable and any conflicting provision shall be considered null and void.

2. No rules, requirements or customs of any society or association of professional Contractors or any similar association shall affect this Agreement in any way whatsoever or be binding upon the Town.

3. To the fullest extent permitted by law, Contractor shall indemnify and hold the Town, its officers, agents, and employees, harmless from any and all liability, demands, claims, or expenses, awards or judgments imposed upon the Town, its officers, agents, and/or employees, arising out of the work of the Contractor its officers, agents, subcontractors, and/or employees as well as the negligence, active or passive, of the Contractor, its officers, agents, subcontractors, and/or employees.

4. Contractor shall not commence work under this Agreement until it has obtained all insurance specified below, produced satisfactory proof of the same and such insurance has been approved by the Town.

(a) Workers’ Compensation Insurance: Contractor shall take out and maintain during the life of this Agreement, Workers’ Compensation Insurance (both Part A and Part B) for its employees to be assigned to the work hereto under.

(b) General Liability, Professional (if applicable) Liability and Property Damage Insurance:

Contractor shall take out and maintain during the life of this Agreement, such general liability and property damage insurance as shall protect it and the Town of Amherst from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this Agreement. The amounts of such insurance shall be as follows in an amount not less than $1,000,000.00 per occurrence for bodily injury and property damage including wrongful death, and $2,000,000.00 aggregate. Umbrella coverage shall be in an amount of at least $5,000,000.00.

(c) Contractor shall furnish the above insurances, including subcontractors’ insurances, to the Town and shall also assure that any policy procured by it shall name the Town as an additional insured on a primary and non-contributory basis.

(d) Contractor shall ensure all its subcontractors, if any, have obtained all the above insurances and shall also assure that any policy procured by any subcontractor or sub-subcontractor shall name the Town as an additional insured on a primary and non-contributory basis.

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5. Any accident shall be reported to the Office of the Town Attorney as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town of Amherst as soon thereafter as possible as and no later than three

(3) days after the date of such accident.

6. No Assignment: In accordance with the provisions of section 109 of the General Municipal Law, the Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this agreement, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town.

7. Required Provisions of Law: Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to have been inserted herein. If any such provision is not inserted through mistake or otherwise, then upon the application of either party this Agreement shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with:

(a) Article 8 of the NYS Labor Law for public work contracts and Article 9 of the Labor Law regarding prevailing wage for Building Service employees.

(b) Labor Law Section 220-e and Executive Law Sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and equal opportunity.

(c) Affirmative action as required by the Labor Law.

(d) Prevention of dust hazard required by Labor Law Section 222-a.

(e) Preference in employment of persons required by Labor Law Section 222.

(f) Eight-hour workday as required by Labor Law Section 220(2).

(g) Chapter 32 of the Town of Amherst: Minority Women and Business

Utilization Commitment.

(h) Chapter 163 of the Town of Amherst: Registration of Sex Offenders.

8. The Contractor, in accordance with its status as an independent Contractor, covenants and agrees that it will conduct itself consistent with such status. It will neither hold itself out as nor claim to be, an officer or employee of the Town by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Town, including, but not limited to: workers’ compensation coverage, unemployment insurance benefits, Social Security coverage, or retirement membership or credit.

Waiver: No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same.

Revised 12.30..19

TOWN OF AMHERST Page 15 of 17

9. This Agreement shall be governed by, and interpreted according to the laws of the State of New York. If the contract between the parties refers to the laws, statutes, rules, regulations or ordinances for any state other than New York State, to the laws, statutes, rules, regulations or ordinances for any county other than Erie County, New York or to the laws, statutes, rules, regulations or ordinances for any municipality other than the Town of Amherst, then the laws, statutes, rules, regulations or ordinances for New York State, Erie county and/or the Town of Amherst shall apply as applicable. Any and all legal action necessary to enforce the Agreement will be venued in Supreme Court, Erie County, New York or in the United States District Court for the Western District of New York, Buffalo Division.

10. It is hereby acknowledged that performance of this Contract will be undertaken in accordance with the specifications and pricing on which the bid was submitted.

Authority for execution on behalf of Town: The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town, at a meeting thereof held on _______________________________ . Brian J. Kulpa, the Supervisor whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town as a result of that Resolution. This instrument shall be executed in triplicate. At least one (1) copy shall be permanently filed, after execution thereof, in the office of the Town Clerk of Town.

Agreed to and Accepted by: Agreed to and Accepted by:

Town of Amherst

Print Name of Company By: Brian J. Kulpa, Supervisor

By:

Signature

Date:

Printed name

Date:

TOWN OF AMHERST Page 16 of 17

EXHIBIT “G”

Town of Amherst Contract Compliance & Administration Department

NON-COLLUSIVE BIDDING CERTIFICATION

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

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

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

NOTICE

(Penal Law, Section 210.45)

IT IS A CRIME, PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF THE

STATE OF NEW YORK, FOR A PERSON, IN AND BY A WRITTEN INSTRUMENT, TO

KNOWINGLY MAKE A FALSE STATEMENT, OR TO MAKE A FALSE STATEMENT, OR TO MAKE

A STATEMENT WHICH SUCH PERSON DOES NOT BELIEVE TO BE TRUE.

BID NOT ACCEPTABLE WITHOUT FOLLOWING CERTIFICATION:

Affirmed under penalty of perjury this _________ day of ________________, 20 _____

TERMS ________________ DELIVERY DATE AT DESTINATION _______________________

FIRM NAME __________________________________________________________________

ADDRESS ___________________________________________________________________

ZIP

AUTHORIZED SIGNATURE _____________________________________________________

TYPED NAME OF AUTHORIZED SIGNATURE______________________________________

TITLE _________________________________ TELEPHONE NO._________________________

(Rev.7/2017)

TOWN OF AMHERST Page 17 of 17

EXHIBIT “I”

IRAN DIVESTMENT ACT CERTIFICATION

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a provision was added to the State Finance Law (SFL), Section 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will develop a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). This list is posted on the OGS website.

By submitting a response to this solicitation, or by assuming the responsibility under a Contract/Lease awarded hereunder, Bidder/Contractor/Vendor (or any assignee) certifies that it will not utilize on such Contract/Lease any subcontractor that is identified on the prohibited entities list.

Additionally, Bidder/Contractor/Vendor is advised that any Bidder/ Contractor/Vendor seeking to renew or extend a Contract/Lease (or assume responsibility of a Contract/Lease awarded must certify at the time the Contract/Lease is renewed, extended or assigned that it is not included on the prohibited entities list.

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

The Town reserves the right to reject any Contract/Lease or request for assignment for an entity that appears on the prohibited entities list prior to the award of a Contract/Lease, and to pursue a responsibility review with respect to any entity that is awarded a Contract/Lease and appears on the prohibited entities list after Contract/Lease award.

Company Name: ____________________________________________

Signature: ____________________________________________

Print Name: ____________________________________________

Title: ____________________________________________

Date: ____________________________________________