CONTRACT Painting Services - 2025-012-0417R.pdf

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Bid #2025-012-0417R Painting Services

Board of Cooperative Educational Services First Supervisory District of Suffolk County

201 Sunrise Highway Patchogue, New York 11772

COOPERATIVE BIDDING PROGRAM PARTICIPANTS

Below is a list of all program Participants:

Eastern Suffolk BOCES Western Suffolk BOCES

Amagansett UFSD Amityville UFSD Babylon UFSD Bay Shore UFSD Bayport-Blue Point UFSD Brentwood UFSD Bridgehampton UFSD Center Moriches UFSD Central Islip UFSD Cold Spring Harbor CSD Commack UFSD Comsewogue UFSD Connetquot CSD Copiague UFSD Deer Park UFSD East Hampton UFSD East Islip UFSD East Moriches UFSD East Quogue UFSD Eastport/South Manor CSD Elwood UFSD Fire Island UFSD Greenport UFSD Half Hollow Hills CSD

Hampton Bays UFSD Harborfields CSD Hauppauge UFSD Huntington UFSD Islip UFSD Kings Park CSD Lindenhurst UFSD Little Flower UFSD Longwood CSD Mattituck-Cutchogue UFSD Middle Country CSD Miller Place UFSD Montauk UFSD Mount Sinai UFSD North Babylon UFSD Northport-East Northport UFSD Oysterponds UFSD Patchogue-Medford UFSD Port Jefferson UFSD Quogue UFSD Remsenburg-Speonk UFSD Riverhead CSD Rocky Point UFSD Sachem CSD Sag Harbor UFSD Sayville UFSD

Shelter Island UFSD Shoreham – Wading River CSD Smithtown CSD South Country CSD South Huntington UFSD Southampton UFSD Southold UFSD Springs UFSD Three Village CSD Tuckahoe Common School District West Babylon UFSD West Islip UFSD Westhampton Beach UFSD William Floyd UFSD Wyandanch UFSD

Town of Babylon Town of Brookhaven Town of East Hampton Town of Islip Town of Southampton

Village of Patchogue

Centereach Fire District

Participation by other BOCES, School Districts, and/or Other Political Subdivisions within New York State:

ESBOCES, the school districts in Suffolk County, and New York State political subdivisions may participate in the result of this solicitation once they have filed the appropriate Board Resolutions with ESBOCES.

Other school districts or political subdivisions in NYS may participate in the Cooperative Bidding Program upon mutual consent by the Successful Vendor and ESBOCES. Currently all the organizations listed above have been invited to participate. At the time of award, the list of registered Participants will be available at the ESBOCES Purchasing Office, James Hines Administration Center, 201 Sunrise Highway, Patchogue, NY 11772. The Participant list will be amended from time to time as additional resolutions are filed with

ESBOCES.

General Terms and Conditions

Invitations to bid issued by ESBOCES will bind all Successful Vendors to the terms and conditions set forth in these General Terms and Conditions, Specifications and Bid Forms and such terms and conditions shall be an integral part of each Bid awarded (“Contract”).

(I) DEFINITIONS

“Eastern Suffolk BOCES” or “ESBOCES” - Board of Cooperative Educational Services, First Supervisory District of Suffolk County

“Bid” - an offer to furnish services, materials, supplies, and equipment in accordance with the Bid Documents

“Bidder” or “Vendor” - any entity (e.g., individual, partnership, organization, institution, agency, municipality, government, company, or corporation) submitting a bid

“Bid Documents” - Bid Memorandum, Notice to Bidders, General Terms and Conditions, Specifications and Bid Forms

“Bid Forms” - forms which Vendor completes and includes in a Bid as part of the Bid Documents

“Contract” - an awarded Bid comprised of all the Bid Documents

“Notice to Bidders” - a formal statement that, when issued, constitutes an invitation to bid on the services and related supplies and equipment described in the Specifications

“Participant” - all municipalities who participate in the Cooperative Bidding Program.

“Successful Vendor” - Vendor(s) or Bidder(s) to whom an award is made by ESBOCES

“Specification” - description of services and related supplies and equipment, and the conditions for their provision

“Cooperative Bidding Program” - A program that encompasses all school districts, municipalities and ESBOCES that have provided Eastern Suffolk BOCES with a resolution to participate in the Eastern Suffolk BOCES Cooperative Bids.

“Services” - Labor and related supplies and equipment to be provided by the Successful Vendor in accordance with the Specifications of this Bid.

(II) INSTRUCTIONS TO BIDDERS

1. Sealed Bid Documents pertaining to the services and related supplies and equipment required by ESBOCES, and as set forth in the Bid Documents must be received no later than 11:00 a.m., April 17, 2025 (“Bid Opening”) at the ESBOCES Purchasing Office, 201 Sunrise Highway, Patchogue, NY 11772. In the event that ESBOCES Purchasing Office is closed the day of the Bid Opening, the bid(s) will be opened at 11:00 a.m., on the next business day that the ESBOCES Purchasing Office is open.

2. All Bids must be submitted on and in accordance with the Bid Documents and provided by Bidder, in a sealed envelope addressed to ESBOCES Cooperative Bidding Program, at 201 Sunrise Highway, Patchogue, NY 11772 on or before the hour and day stated above, and the envelope shall be endorsed on its face with (i) the name of person, firm, or corporation submitting a bid, (ii) the Bid number and name, and (iii) the date of Bid Opening.

3. Each Bid must be submitted under separate cover and will be considered on its own merits. Each Bid must be separate and apply only to this designated Bid package. Any Bid offered in combination with another designated Bid package will not be accepted. Vendors wishing to submit an alternate Bid must do so as a separate Bid package to be considered for award.

4. Facsimile, electronic, telephone, or verbal bids will not be accepted or considered.

5. Bids received after the time stated in the Notice to Bidders will not be considered and will be returned to the Bidder unopened. The Bidder assumes the risk of any delay in the mail or in the handling of the mail by ESBOCES employees. The Bidder assumes all responsibility for having the Bid deposited on time to the Purchasing Department.

6. Each Bidder is requested to carefully read the Bid Documents as each Bidder will be held to strict compliance with such documents. Failure to fulfill any requirements of the Bid Documents may result in the Bid being considered non-responsive.

7. No modifications or additions are to be made to the printed Bid Documents. In the event the Bidder deems that modifications are necessary, such modifications must be set forth in writing to ESBOCES in a separate document and submitted with the Bid Documents to be considered. However, any modifications or additions submitted may result in the Bid being considered non-responsive.

8. All information required in the Bid Documents must be provided by the Bidder to constitute an acceptable

Bid.

9. ESBOCES will interpret the submission of a Bid to mean that the Bidder is fully informed as to the extent and character of the services and related supplies and equipment required and that the Bidder can furnish same in complete compliance with the Bid Documents.

10. Any contract provision that purports to restrain a vendee of a commodity from reselling such commodity at less than the price stipulated by the Vendor or producer shall not be enforceable or actionable at law pursuant to N.Y. Gen. Bus. Law § 369-a.

No charge will be allowed for federal, state, or municipal sales and excise taxes, from which the political subdivisions are exempt, or for any portion of a gross receipts tax, MTA surcharge or other tax or surcharge which was imposed upon the Vendor. All Bid prices shall be net and shall not include the amount of any such tax. Exemption documents, if required, will be furnished on forms provided by the Successful Vendor.

11. A. If Bidder is not charging for related supplies and/or piece of equipment, the Bidder must indicate “no charge”;

B. All prices must be on the Cost Proposal Form provided.

12. Prices, and all required information, except signature of Bidder, should be typewritten for legibility.

Illegible or vague Bids may be rejected. Signatures may be written or electronic. Printed or typewritten signatures are not acceptable. ESBOCES may confirm electronic signatures with the Bidder.

13. The non-collusive bidding certification must be filled out in its entirety and included with each Bid as required by General Municipal Law, Section 103-d. Under penalty of perjury, the Bidder certifies that:

A. The prices in the Bid have been arrived at by the Bidder independently and have been submitted without collusion with any other Vendor of services, materials, supplies, or equipment of the type described in the Invitation for Bids;

B. The contents of the Bid have not been communicated by the Bidder, or, to the Bidder’s best knowledge and belief, by any of its employees, or agents, to any person not an employee or agent of the Bidder or its surety on any bond furnished herewith prior to the official opening of the Bid.

14. A. The forms listed below must be completed and included with each Bid and all Bidders must sign this General Terms and Conditions portion of the Bid Documents under the section entitled Section (VIII) “Entire Agreement”.

1. Vendor Acknowledgement and Information Form – Exhibit A

2. Vendor Reference Form – Exhibit B

3. Non-Collusive Bidding Certification – Exhibit C

4. Disclosure Form – Exhibit D

5. Affidavit of Compliance Form – Exhibit E

6. Iran Divestment Act Compliance Rider – Exhibit F

7. Cost Proposal Form (See Specifications) – Attachment A

8. Insurance Documents (as required) – Attachment B

9. Addendums – Attachment C

Additional forms may be required for this Bid. It is the responsibility of the Bidder to return all required pages of this Contract.

B. Additionally, please indicate below if any of these areas are applicable:

______Minority Owned Business ______Woman Owned Business ______Dual Owned Business

______Company is currently registered with NYS as a MWBE–Certification #______ ______Company is willing to register with NYS as a MWBE

15. No interpretation of the meaning of the Bid Documents will be made to any Vendor orally. Every request for such interpretation should be in writing, addressed to ESBOCES. Any interpretations issued will be in the form of addenda to the Bid Documents. All addenda so issued shall become a part of the Bid Documents.

16. The Vendor Bid Documents should include the Cost Proposal Form in at least one of two permissible formats as follows: one paper printout and one CD or flash drive.

17. A. If the Specifications so state, Bidders may be required to furnish bid security in the amount stated;

B. If the Specifications so state, the Successful Vendor may be required to furnish a performance security in accordance with Bid Specifications to guarantee the faithful performance of the Bid.

Such performance security shall be maintained in full force and effect until the Bid has been fully performed. The surety company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to ESBOCES. The Successful Vendor shall submit the performance bond within two (2) weeks of the award notification. All costs incurred are the responsibility of the Successful Vendor.

18. The failure to submit a Bid on the forms provided by ESBOCES may be grounds for Bid rejection.

19. ESBOCES may make any investigation it deems necessary to determine the ability of the Bidder to perform the services, and the Bidder shall furnish to ESBOCES all such information and data for this purpose as ESBOCES may request.

(III) AWARD AND RESERVATION OF RIGHTS

20. The Contract will be awarded to the lowest responsive and responsible Vendor who (i) meets the terms and conditions stated in the Bid Documents, (ii) completes all the required forms, and (iii) offers the lowest price as indicated on the Cost Proposal Form. Depending on the Bid, there may be more than one Successful Vendor. Successful Vendor(s) must provide a W-9 upon request.

21. If not awarded, the Bid will be rejected within ninety (90) days of the date of the opening of Bids, subject, however, to the discretionary right reserved by ESBOCES to waive any informalities in, or to reject any or all Bids and to advertise for new Bids, if in its opinion, the best interests of ESBOCES or a Participant, will thereby be promoted.

22. ESBOCES reserves the right to reject all Bids. ESBOCES also reserves the right to reject, for cause, any Bid in whole or in part; and to waive any and/or all non-material defects, qualifications, irregularities, omissions, and informalities, in, or to reject any and/or all Bids and to re-advertise for new Bids, if, in its judgment, the best interests of ESBOCES and/or its Participants will be served.

23. ESBOCES reserves the right to award this Contract, in whole or in part, whichever is in the best interest of ESBOCES. Also reserved is the right to award by individual services, services category or services classification, in total and/or by utilizing estimated usage, whichever is in the best interest of ESBOCES or a Participant. ESBOCES reserves the right to reject any Bid if the Vendor fails to satisfy ESBOCES that they are properly qualified to carry out the obligations of the Contract. ESBOCES reserves the right to reject a bid that is considered unbalanced by ESBOCES.

24. The Contract will be utilized at the discretion of ESBOCES or a Participant. Consequently, there is no guarantee that the specified minimum amount of services, materials, supplies and/or equipment will be authorized or purchased.

25. ESBOCES may make any investigation they deem necessary to determine the ability of the Bidder to perform the services, and the Bidder shall furnish to the ESBOCES Board all such information and data for this purpose as the Board may request.

26. ESBOCES reserves the right to inspect the Bidder’s physical facilities prior to award.

27. If two (2) or more Bidders submit identical Bids as to price, the decision of ESBOCES to grant an award to one of such identical Bidders within its sole discretion shall be final.

28. ESBOCES reserves the right to purchase services on State, County or other Governmental Agency contracts if such services can be obtained on the same terms, conditions, Specifications, and at a lower price if applicable.

29. ESBOCES reserves the right to reject incomplete Bids. ESBOCES also reserves the right to reject any or all responses to this Bid, request additional data from a Bidder at any time, or to cancel this Bid in whole or in part.

30. ESBOCES reserves the right to reject Bids that impose conditions that would modify the terms and conditions of the Bid Documents or limit the Vendor’s liability to ESBOCES on the Contract awarded on the basis of such Bid.

31. ESBOCES reserves the right to reject any Bid where investigation and evaluation of the Vendor's qualifications indicate that the Vendor may not promptly and efficiently complete the services as per the Bid Documents.

32. Each Bid will be received with the understanding that the acceptance thereof, in writing, by ESBOCES to furnish any or all of the services and related supplies and/or equipment described therein shall constitute a Contract between the Successful Vendor and ESBOCES (“Contract”). The Contract shall bind the Successful Vendor to furnish and deliver at the prices and in accordance with the conditions of this Bid.

ESBOCES reserves the right to increase or decrease the services required as compared to the estimated quantities listed on the Cost Proposal Form.

33. All Contracts, including pricing and with consideration to the appropriate escalation (as defined below in the Section of the Specifications entitled “Pricing / Escalation”), will be held firm for the duration of the Contract including any extensions agreed to in writing by ESBOCES and the Successful Vendor.

34. All estimations of services required are approximations. However, ESBOCES’ actual services utilized may exceed the estimated quantities of required services indicated in the Bid. In the event that approximations of services required differ from that stated on the Bid, prices must be honored by the Successful Vendor for the life the Contract.

35. Purchase orders shall be issued by the individual members of this Cooperative Bidding Program and payment shall be the responsibility of such members.

36. Upon Bid award, Successful Vendors and Participants may agree in writing to allow for delayed payments for services.

37. The placing in the mail of a notice of award to a Successful Vendor, to the address given in the Bid, will be considered sufficient notice of award of Contract and will be considered an acceptance of the Contract by the Successful Vendor.

38. In the event of any dispute between the Successful Vendor and a Participant, Successful Vendor and

Participant shall use best efforts to resolve such dispute.

39. Any addenda sent to the Bidders shall be binding and take precedence over the section of the original Bid

Document which it replaces.

40. If the Successful Vendor fails to deliver or provide the services in accordance with the Specifications within the time specified, or within a reasonable time as interpreted by ESBOCES, or fails to correct services provided or replace rejected related supplies and/or equipment when so requested immediately or as directed by ESBOCES or a Participant, ESBOCES/and or Participant may purchase services from other sources to take the place of the services or related supplies or equipment rejected, not delivered or not provided in accordance with the Bid Specifications. ESBOCES reserves the right to authorize immediate purchase of the services from other sources on any Contract when necessary. On all such purchases, the Successful Vendor agrees to reimburse ESBOCES and/or Participant promptly for excess costs occasioned by such purchases. Should the cost be less, the Successful Vendor shall have no claim to the difference.

41. At the sole discretion of ESBOCES a Bid may be rejected and the Contract not awarded to a Vendor whose performance on a previous Contract with ESBOCES or a Participant has been determined to be unsatisfactory.

42. ESBOCES reserves the right to use outside Vendors on an “as needed” basis, as determined by

ESBOCES.

43. Non- Assignment

A. The Successful Vendor will give its personal attention to the faithful performance of this Contract. It will not assign, transfer, convey, sublet, use brokers or otherwise dispose of this Contract, or its right, title or interest in or to the same or any part hereof, and it will not assign by power of attorney or otherwise any of the monies to become due and payable under this Contract, unless by and with the previous written consent of ESBOCES endorsed upon or attached to the assignment filed in said offices;

B. The Successful Vendor may not engage subcontractors, hire others to perform all or part of this Contract, nor otherwise delegate its obligations to perform under this Contract without the prior written approval of ESBOCES and/or Participants. Such subcontractors or others hired to perform shall be bound by the terms of this Contract;

C. In accordance with New York State General Municipal Law 109, at no time during the duration of any Contract resulting from this Bid, shall the Successful Vendor be allowed to assign any portion of this Contract to a third party without prior written approval by ESBOCES; and

D. In the event that ESBOCES approves a subcontractor for like services, ESBOCES and/or Participant must be billed by the Successful Vendor in accordance with the Bid Contract awarded.

44. Termination of Contract

A. ESBOCES reserves the right to terminate the Contract in whole or in part, for any reason, upon fifteen (15) days written notice to the Successful Vendor. If the Contract is so terminated, ESBOCES shall be liable only for payment in accordance with the payment provisions of the Contract for materials, supplies, equipment or services (if applicable) purchased or rendered prior to the effective date of termination. No early termination or other penalties may be charged to ESBOCES because of its decision to exercise this right;

B. In the event the Successful Vendor fails to deliver as ordered, or within the time specified, or fails to abide by any of the provisions of this Contract, such failure shall constitute a breach of Contract and may result in termination of the Contract by ESBOCES;

C. In the event of breach by the Successful Vendor, ESBOCES shall provide written notice to the Successful Vendor of such breach. If the Successful Vendor does not cure such breach within ten (10) days after receipt of such notice, ESBOCES reserves the right to terminate said Contract immediately thereafter. In the event of such termination, (i) the required materials, supplies, equipment and services (if applicable) may be procured from other sources so that the continuity of the operations may be protected, and (ii) the said Successful Vendor agrees to reimburse

ESBOCES promptly for any excess costs occasioned by such procurement. However, should the Successful Vendor cure such breach and perform its obligations during such ten (10) day notice period, the Contract shall continue in full force and effect;

D. In the event ESBOCES agrees, upon Successful Vendor’s request, to terminate/rescind a line

Item(s) or a particular service(s) under the Contract, due to Successful Vendor’s inability to provide such Item(s)/service(s), (i) the required materials, supplies, equipment and services (if applicable) may be procured from other sources so that the continuity of the operations may be protected, (ii) the Successful Vendor agrees to reimburse ESBOCES promptly for excess costs occasioned by such procurement, (iii) the Successful Vendor agrees to reimburse ESBOCES promptly for any additional monetary expenditures occasioned by such procurement and (iv) Successful Vendor must continue to fulfill all purchase orders in accordance with the Bid Documents for those Items/Services not terminated

45. Force Majeure

ESBOCES and/or the Successful Vendor shall not be held responsible for any losses resulting if the fulfillment of the terms of the Contract that shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, epidemics, pandemics, government orders, or any other acts not within the control of ESBOCES and/or the Successful Vendor, and which, by the exercise of reasonable diligence, ESBOCES and/or the Successful Vendor are unable to prevent.

46. Severability

Should any provision of this Contract, for any reason, be judicially declared invalid and/or unenforceable, such declaration shall not affect the validity of the remaining provisions, which shall remain in full force and effect as if the Contract had been executed with the invalid provision(s) eliminated.

47. Failure to Enforce

ESBOCES’ failure to enforce at any time, or for any period of time, the provisions of this Contract shall not be construed to be a waiver of such provisions or of the right to enforce each and every provision.

48. Indemnification and Hold Harmless

The Successful Vendor agrees to defend, indemnify and hold harmless ESBOCES and Participants, as well as ESBOCES and Participants officers, directors, agents, or employees against all claims, costs, damages and expenses, including attorneys’ fees, judgments, fines and amounts arising from any willful act, error or negligence of the Vendor, its officers, directors, agents or employees in relation to the performance of the Contract.

49. Venue

The Bid/Contract shall be interpreted in accordance with the substantive and procedural laws and regulations of the State of New York and applicable Federal laws and regulations. Any lawsuit(s) concerning the Bid/Contract will be brought and adjudicated in Supreme Court, Suffolk County.

(IV) GUARANTEES BY THE SUCCESSFUL VENDOR

50. The Successful Vendor Guarantees:

A. Materials, supplies and equipment/equipment parts against defective material or workmanship and to repair or replace any damages or marring occasioned in transit to ESBOCES and/or Participant;

B. To furnish liability insurance in accordance with the Bid Documents for protection in the event of damage(s) of any kind for which Successful Vendor or Successful Vendor’s organization is responsible;

C. To carry insurance in accordance with the Bid Documents to protect ESBOCES from loss in case of accident, fire, theft, etc.;

D. To provide valid insurance documents to Eastern Suffolk BOCES within two (2) weeks of Bid award;

E. Additional insured status shall be secured by Successful Vendor(s) on behalf of all Participants of the Cooperative Bidding Program. Successful Vendor(s) must sign a risk transfer/Indemnification Agreement with each individual Participant when Services are requested. Said agreement must be signed by both parties and will remain in effect for the current term of the Bid. In the event the Bid is extended, and a Participant requires Service, a new risk transfer/Indemnification Agreement must be executed.

F. All services shall be guaranteed for a period of one (1) year from date of acceptance by ESBOCES and/or Participant as applicable. All parts and materials shall be guaranteed for a minimum period of two (2) years against defective material or in accordance with manufacturer warranty, if longer than two (2) years;

G. All materials, supplies and equipment(s) are standard, new, latest model of regular stock product or as required by the Bid Proposal Documents with parts regularly used for the type of materials, supplies and equipment offered, and no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. If during the guarantee period specified in Paragraph 50, Section E above, defective workmanship or materials are discovered, the Successful Vendor agrees to replace the materials, supplies and equipment or the part affected without cost to ESBOCES and/or Participant(s). All such replacements shall continue under the guarantee of the original materials, supplies and equipment. The Successful Vendor shall make any such replacement immediately upon receiving notice from ESBOCES and/or a Participant.

(V) SUCCESSFUL VENDOR INSTRUCTIONS / RESPONSIBILITY

51. The Successful Vendor must follow the rules and regulations of ESBOCES, and a Participant where work pursuant to the Bid is being performed. This includes but is not limited to Vendor employees wearing photo identification cards. Refer to the following web link for the ESBOCES Board policies:

http://edocsp@esboces.org. Refer to each Participant's website and/or Policy Manual for Participant Board policies and regulations (if applicable).

52. By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing Sexual Harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section 201one-g of the New York State Labor Law.

http://edocsp@esboces.org

(V) a. Delivery

53. When supplies and/or equipment are rejected or the delivery is incorrect, such supplies and/or equipment must be removed at the expense of the Successful Vendor from the premises of ESBOCES or a Participant within fifteen (15) days of written notification. Rejected supplies and/or equipment left longer than fifteen

(15) days will be regarded as abandoned, and ESBOCES or a Participant shall have the right to dispose of the rejected supplies and/or equipment as its own property.

54. ESBOCES or a Participant will not schedule deliveries for Saturdays, Sundays, or legal holidays, except where the convenience of ESBOCES or a Participant shall govern. Deliveries shall be made between the hours of 8:00 a.m. and 3:30 p.m., unless otherwise instructed.

55. Related supplies and equipment shall be securely and properly packed for shipment, storage, and stacking in new shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling or sacks.

56. The Successful Vendor shall be responsible for delivery of related supplies and equipment in good condition at point of destination. The ESBOCES’ or a Participant’s receiving unit will notify the Successful Vendor when packages are not received in good condition. Successful Vendor will replace all such damaged supplies and/or equipment without waiting for claim adjustments from carriers and with no interruption of services.

57. Unless otherwise stated in the Specifications, all related supplies and equipment must be delivered into and placed at a point within the building. The Successful Vendor will be required to furnish proof of delivery in every instance.

58. All deliveries shall be accompanied by packing slips and each packing slip must contain the following information for all supplies and/or equipment delivered:

Purchase Order Number Name of Person to Receive Delivery Address of Delivery Name of Supply and/or equipment Quantity Name of - Successful Vendor

Failure to comply with this condition can be considered sufficient reason for refusal to accept the supplies and/or equipment.

59. Each carton shall be labeled with the purchase order number, name of person who will receive delivery and general statement of contents. Failure to comply with this condition can be considered sufficient reason for refusal to accept the supplies and/or equipment.

(V) b. Payments

60. Successful Vendor may not submit an invoice prior to the fulfillment of the purchase order or project.

Successful Vendor must submit invoice within thirty (30) days of fulfillment of the purchase order. In the event the Successful Vendor does not submit an invoice within such thirty (30) days, the Successful Vendor may not be considered for future awards and/or ESBOCES may find the Successful Vendor in breach of Contract.

61. Payment shall be made, in US currency, within sixty (60) days following the receipt of a correct, original invoice. When Items/services are not promptly delivered, the Successful Vendor may request ESBOCES or Participants make a partial payment after more than 50% of the dollar value of the order has been received and invoiced accordingly.

62. Successful Vendor's invoices must reflect Bid pricing as provided in the Cost Proposal Form, i.e. Cost

Proposal Form notes (i) per hour, invoice should break down hourly, or (ii) per unit of measure, invoice should break down unit of measure in the same manner as the Cost Proposal Form. In the event pricing does not match what is provided in the Cost Proposal Form, payment may be held up until such discrepancy is resolved to the satisfaction of ESBOCES or Participants Accounts Payable Department.

63. Payment of any invoice shall not preclude ESBOCES or Participant from making a claim for adjustment on such invoice where the materials, supplies, equipment and services provided were not in accordance with the Bid Documents.

64. No charges will be allowed for cases, boxes, bottles, etc., and no charges will be allowed for freight expenses, expressage or cartage. Cases, boxes, bottles, etc. will be removed by the Successful Vendor at no expense to ESBOCES or Participant.

(V) c. Toxic Substance

65. The Successful Vendor must supply information on any related supplies and/or equipment which contain any substance that is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substance or which has yielded positive evidence of acute or chronic health hazards in human, animal, or other biological testing. Such information shall be sent to ESBOCES and shall be in conformance with New York State Law. Such information shall include:

A. The name or names of the toxic substance including the generic or chemical name;

B. The trade name of the hazardous chemical and any other commonly used name, if known;

C. The level at which exposure to the substance is determined to be hazardous, if known;

D. The acute and chronic effects of exposure at hazardous levels;

E. The symptoms of such effects;

F. The potential for flammability, explosion, and reactivity of such substance;

G. Appropriate emergency treatment;

H. Proper conditions for safe use and exposure to such toxic substance;

I. Procedures for clean-up of leaks and spills of such toxic substance.

Each Successful Vendor furnishing a toxic substance, as defined by Section 875 of New York State Labor Law, to ESBOCES shall provide at least two (2) copies of a safety data sheet (SDS), which shall include for each substance the information outlined in Section 876 of New York State Labor Law. For additional information, Chapter 551 of the Laws of New York, 1980, Article 28 (toxic substances) can be found on pages TS-1 and TS-2. SDS’s must also accompany any shipment to the individual Participants for each Item containing toxic substances.

(V) d. Prevailing Wages- Applicable to Article 8 and Article 9 services

66. Please note that effective December 30, 2024, Labor Law Section 220-i(6) requires all Vendors/contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law to register with the New York State Department of Labor under Labor Law Section 220-i. This is a new law that goes into effect on December 30, 2024. Private projects subject to Article 8 of the Labor Law include those covered by

Labor Law Sections 224-a (public subsidy funded projects), 224-d (renewable energy systems), 224-e (broadband projects), 224-f (climate risk-related and energy transition projects, and roadway excavations). This section requires Vendors/contractors to submit a copy of their Certificate of Registration with their Bid submission.

67. The Successful Vendor must comply with the provisions of the New York State Labor Law section 220 pertaining to the payment of prevailing wage rates. The cost of such compliance shall be borne entirely by Vendor, who shall hold the ESBOCES and Participants, harmless from any claims, demands or penalties arising from Vendor’s failure to comply with the above. The required prevailing wage rate schedule is part of this document. Requests for payment must include certified payrolls and/or certified transcripts thereof for all workers. At minimum, certified payrolls and/or transcripts thereof must show the following information for each person employed: name, classification in which worker was employed, hourly wage rate(s) paid, supplements paid or provided, and daily and weekly number of hours worked for each classification. Overtime shall be paid in accordance with the prevailing wage schedule. In the event the prevailing wage rate increases during the term of the Contract, the Bid prices shall stand except that the Successful Vendor shall adjust the hourly wage rates paid to laborers, workmen and mechanics to reflect such increases.

68. The Successful Vendor pursuant to the provisions of Section 220 of the Labor Law, as amended, shall comply with determinations of the State Industrial Commission as to schedules of wages and supplements to be paid to all laborers, workmen and mechanics employed in connection with the work.

The hourly wage rates paid to laborers, workmen and mechanics by vendor shall not be less than the prevailing union scale at the time such labor is performed, and shall be adjusted to reflect any increases in the prevailing wage rates during the term of the Contract. Bid prices shall stand.

69. ESBOCES has applied for and has received a PRC number 2025003491 for this project, which has been included with the Bid Documents. The Successful Vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from any bid award. Current rates are available by calling the NYS Department of Labor at (516) 228-3915.

Rates are also available via the internet at:

http://www.labor.ny.gov/workerprotection/publicwork/OWSaccess.shtm

70. The Successful Vendor agrees to verify all rates with the New York State Department of Labor prior to submitting a Bid and prior to doing any work for the ESBOCES as well as to establish which of those workers involved in any part of a Contract for the ESBOCES are required by law to receive said rates.

71. Vendors currently on the NYS Labor Department debarred list will not be considered for award of this

Contract. By submitting a Bid for consideration, the Vendor is indicating to the ESBOCES that they are currently in good standing with the NYS Department of Labor at the time of the Bid submission.

(VI) TAX LAW CERTIFICATION REQUIREMENT

72. Tax Provisions: Purchases made by ESBOCES and/or its Participants are not subject to state or local sales taxes or federal excise taxes.

To satisfy the requirements of the New York State sales tax, either the purchase order issued by an agency or institution of New York State for materials, supplies or equipment or the voucher forwarded to authorize payment for such related supplies and equipment will be sufficient evidence that the sale by a contractor or Vendor was made to the State of New York, an exempt organization under Section 1116(a)

(1) of the New York State Tax Law.

http://www.labor.ny.gov/workerprotection/publicwork/OWSaccess.shtm

Exemption certificates for federal excise taxes will be furnished upon request.

No person, firm, or corporation is, however, exempt from paying the New York State truck mileage and Unemployment Insurance or the federal social security taxes.

Effective April 28, 2006, Laws 2004, Chapter 60, Part N Tax Law, Section 5-a, as amended, became effective and applies to contracts resulting from solicitations to purchase products or services issued by covered agencies for contracts valued in excess of $100,000. The law requires that Vendors, prior to approval of contracts valued at more than $100,000, certify that they, their affiliates, subcontractors and the affiliates of their subcontractors have a valid certificate of authority to collect New York State and local sales and compensating use taxes if the Vendors, affiliates, subcontractors and the affiliates of their subcontractors have made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, during the four quarterly periods ending on the last day of February, May, August, and November which immediately preceded the quarterly period in which this certification is made.

Vendors must also certify to the contracting covered agency, at specified intervals during the terms of multi-year contracts and those contracts subject to renewal upon expiration of an initial or renewal term that they, as well as their affiliates and subcontractors making sales delivered within New York State, have a valid certificate of authority to collect New York State and local sales and compensating use taxes.

Proposed Vendors to New York State are hereby notified that provisions to meet the statutory requirements will be contained in all Bid Documents for products and services valued in excess of $100,000. Proposed Vendors will be required to affirm, immediately upon request by the Office of General Services if affirmation is not contained in the Bid Documents, that proposed Vendors, and to the best of their ability that their affiliates, subcontractors and subcontractors’ affiliates are duly registered with the Tax Department and hold a valid certificate of authority.

The Tax Department is prepared to answer all questions relating to implementation of this law. Please refer to the Tax web site for detailed information: http://www.tax.ny.gov/. The Tax Department may also be reached at 1-518-485-9863 for additional clarification.

(VII) MARKETING CLAUSE

73. A. The Successful Vendor is prohibited from selling or marketing products for any purpose which is prohibited under Federal or New York State Law or the Regulations and decisions of the Commissioner of Education. Any violation of this provision shall be considered a breach of contract and may result in termination of the Contract;

B. The Successful Vendor agrees that ESBOCES may periodically review marketing materials distributed by Successful Vendor and/or the Successful Vendor’s website. In the event ESBOCES becomes aware that such marketing materials and/or Successful Vendor’s website contain statements or claims which ESBOCES determines advocate for the use of Successful Vendor’s products in a manner which would violate or are in violation of Federal law, New York State Law, or the rules and regulations of the Commissioner of Education, ESBOCES may notify Successful Vendor of such materials and request that they be removed. In the event Successful Vendor refuses or fails to remove such materials after being so notified, ESBOCES may, in its sole discretion, terminate this Contract.

http://www.tax.ny.gov/

(VIII) ENTIRE AGREEMENT

74. This contract is the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations, or communications, oral or written, of either party. No additional terms and conditions shall be accepted unless added as addenda by ESBOCES and at the sole discretion of ESBOCES.

All Bidders must sign below to verify that the above has been read and that the terms and conditions of the Bid Documents will be adhered to. In the event Bidder does not sign below, the Bidder may be deemed non-responsive.

Signature

Vendor Name

SPECIFICATIONS

Bid #2025-012-0417R: Painting Services

(I) PURPOSE

1. The purpose of this Bid is to obtain pricing and contract with a qualified Vendor(s) to provide painting services, as indicated in these Specifications, for ESBOCES and the Cooperative Bidding Program Participants. The Successful Vendor will be expected to provide skilled, experienced, prompt service of a wide variety of repairs at various ESBOCES and Participants' sites on an “on call” basis, as required. This is a time and materials Bid and is not intended for construction projects, capital projects or capital improvements.

(II) SCOPE OF SERVICES

2. A. Successful Vendor must have, as a minimum, five (5) years of continuous experience in providing painting services. Vendors with less than the required experience may not be considered for award;

B. Services shall include general maintenance and painting services.

C. The Successful Vendor(s) may charge a minimum of one (1) hour for any service call;

D. Successful Vendor must be equipped to provide emergency repair services within two (2) hours and to commence non-emergency services within two (2) work days, unless otherwise approved by ESBOCES and/or Participant;

E. The certified cost plus for material that is included on the Cost Proposal Form is for material needed to perform the job. Said line is not intended for the purchase of equipment;

F. Reimbursement of materials will not be granted to the Successful Vendor unless the following documentation is provided: Invoice referencing the purchase order number, the original estimate, the original receipts or invoices from the manufacturer for the purchase of said materials. Reimbursement for small miscellaneous parts used to complete a job may be permitted provided there is written approval from the Administrator/Director of the approving Program/Department.

G. The Successful Vendor shall have all the necessary tools, supplies and/or equipment to perform the required services as specified in the Bid;

H. When providing Service, the Successful Vendor must use the most up-to-date supplies and/or equipment parts being manufactured. No obsolete supplies or equipment parts shall be allowed;

I. No travel time will be paid. Payments will be made only for time on the job. All invoices must be accompanied by daily service receipts specifying time of arrival, Services done, materials used, time of departure for each employee, and must be signed by an authorized representative of ESBOCES and/or Participant as applicable. Electronic receipts are acceptable. A copy of this receipt is to be left with the signer. Service receipts not submitted in a timely fashion will result in delayed payments;

J. No vehicle use will be paid for in the normal course of transporting mechanics and supplies and equipment to the job site. Successful Vendor may submit a quotation for use of specialized vehicles that are listed on the Cost Proposal Form, if applicable. Subject to prior written approval of ESBOCES and/or Participant, other specialized vehicles/specialized equipment may be approved. Successful Vendor will be reimbursed for rental only of special vehicle or specialized equipment with no mark up;

K. When Successful Vendor is called upon to perform emergency service, the service receipts shall be mailed the following day to the Facilities Administrator and/or designee for signature, as applicable;

L. Before services begin, the Successful Vendor shall provide, for approval, at no cost, a detailed estimate showing construction and method of installation;

M. Except for emergency services, the Successful Vendor will be required to submit an estimate before any services are started. The estimate should be provided within an acceptable and reasonable time frame. No services are to be performed until a purchase order is issued. On emergency services, the Successful Vendor must submit his estimate within forty-eight (48) hours after starting the job. Successful Vendor may be required to furnish a “not-to-exceed” price for a specific project to enable ESBOCES and/or Participant, to encumber funds for those services;

N. Under this Contract, sub-contracting shall not be permitted without prior written approval of ESBOCES and/or Participant(s) as applicable. If the permission of ESBOCES and/or Participant(s) is granted for the use of a sub-contractor for like services, subcontracting shall not result in an increase of price to ESBOCES or Participant and such subcontractor shall be bound by the terms of this Contract;

O. Successful Vendor and/or its employees shall be licensed, certified, registered and/or authorized to perform services rendered under this contract as required by all applicable Federal, State and Local laws and regulations and shall be licensed by the County of Suffolk where required and submit such documentation upon request from ESBOCES and/or its Participants;

P. Successful Vendor shall pay its employees the “prevailing rate of wage” as defined in Section 220 of the New York State Labor Law, Schedule of Wage Rates for Services performed. The Participant and/or ESBOCES as applicable will require proof of payment of the employee’s workers reflecting the prevailing rate of wages, through certified payrolls and/or certified transcripts thereof as required by the Department of Labor;

Q. The Successful Vendor must submit a copy of their Certificate of Registration with the NYS Department of Labor in accordance with Labor Law Section 220-i(6) with their Bid submission to be considered for award. Please see Paragraph 66: Prevailing Wages- Applicable to Article 8 and Article 9 Services, above, for further information.

R. All services must be performed in accordance with the National Code, current edition, and all state and local code;

S. ESBOCES and/or Participant reserve the right to assign its personnel to assist the Successful Vendor’s mechanics if they deem it to be in their best interest;

T. All services shall be guaranteed for a period of one (1) year from date of acceptance by ESBOCES and/or Participant as applicable. All parts and materials shall be guaranteed for a minimum period of two (2) years against defective material or in accordance with manufacturer warranty, if longer than two (2) years;

U. In the event the services cannot be performed in accordance with the agreed upon time schedule by the Successful Vendor, other sources may be called upon to perform at their quoted price;

V. Successful Vendor is to have all services done in the best workmanlike manner, and shall clean up and remove all debris and rubbish resulting from the services from time to time, as required or directed. Upon completion of the services, the premises shall be left in a neat, unobstructed condition, the buildings broom cleaned, and everything in satisfactory repair and order;

W. Related supplies and/or equipment (including tools) shall be stored at the site only with the prior written approval of ESBOCES and/or a Participant and at the Successful Vendor’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss;

X. Services shall progress so as to cause the least inconvenience to ESBOCES and/or a Participant and with proper consideration for the rights of other persons on site. The Successful Vendor shall perform the services promptly with due regard for coordination requirements, if any;

Y. Set-up for Services shall include whatever means are necessary to get paint and equipment into the building;

Z. Successful Vendor shall acquaint their service persons with conditions to be found at the site and shall assume all responsibility for Services being performed in the locations required;

AA. Successful Vendor shall furnish adequate protection from damage for all services and shall repair damages of any kind for which Vendor’s service persons are responsible;

BB. Successful Vendor may not impose a fuel charge under any name; and CC. Successful Vendor must ensure that his/her employees abide by the prohibition against smoking at ESBOCES’ and Program Participants' sites.

(III) CONTRACT TERM

3. The term of this Contract shall be for one year, from June 1, 2025 to May 31, 2026 (“Initial Term”).

In the event ESBOCES wishes to extend the term of the Contract beyond the Initial Term, the…