ITB-OCCC-2026-16 Environmental Testing.pdf

ORANGE COUNTY COMMUNITY COLLEGE

BID MAILING ADDRESS: RECEIVING – HORTON HALL, 22 GRANDVIEW AVENUE, MIDDLETOWN NY 10940

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TELEPHONE: 845-341-4780 / EMAIL: PURCHASING@SUNYORANGE.EDU

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 1 of 36

INVITATION TO BID

Bids for the above referenced bid number and title will be received until 2:00 PM on November 19, 2025 at the Orange County Community College Purchasing Department, Orange Hall, Room 207, at the above address.

Bids will be publicly opened and read in Orange Hall, Room 207.

It is recommended that proposals be submitted in advance, at least one day prior to the specified date and time to allow for a timely receipt. No bidder may withdraw a bid within 45 days after the actual date of the opening.

E-Mail or Facsimile Proposal Submissions are NOT acceptable and LATE BIDS will NOT be considered.

IMPORTANT NOTICE – Bid Distribution:

The College officially distributes bidding documents from the Purchasing Department, Attn: Cynthia Rolon, Procurement Manager, Email: purchasing@sunyorange.edu, or through the Empire State Purchasing Group’s Regional Bid Notification System. Copies of bidding documents obtained from any other source are not considered official copies. Only those vendors who obtain bidding documents from either the Purchasing Office or the Regional Bid Notification System are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the College’s Purchasing Department or the ESPG Regional Bid Notification System, it is recommended that you obtain an official copy.

NOTE:

The proposal of each bidder shall contain the certification to non-collusive bidding as set forth in section 103-d of the General Municipal Law included in the specifications. This requirement must be strictly complied with.

The undersigned reserves the right to reject any and all proposals and to accept any proposal or proposals as submitted, or as modified, which in the opinion of the undersigned will be in the best interests of the College.

DATED: 10/20/25 ORANGE COUNTY COMMUNITY COLLEGE

AGNES WAGNER

COMPTROLLER

PLEASE MAKE A COPY OF THE BID FOR YOUR RECORDS

mailto:purchasing@sunyorange.edu

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 2 of 36

General Specifications

1.0 Introduction and Background

Founded in 1950, Orange County Community College has a history of innovation. The College was the first two-year college in the nation to offer the associate degree nursing program and studies in electron microscopy; and in 1982, the College was the first community college to plan and co-sponsor a business institute with local chambers of commerce.

SUNY Orange continues to grow in response to the needs of its students, offering campuses in both Middletown and Newburgh to help students achieve their academic goals. From its original configuration of two buildings, a mansion and carriage house—in 1950, the SUNY Orange Middletown campus has grown to its present size of 37 acres that houses 14 buildings.

Expansion over the years has infused the campus with significant additional educational space. The Middletown campus now boasts more than 60 general classrooms and lecture halls, along with a wide array of medical, technical and instructional laboratories. Dedicated laboratory space exists for programs in the health professions, as well as biology, chemistry, physics, architecture, criminal justice, cyber security and visual communications.

Certified as a branch campus by both the State University of New York and the New York State Education Department, the Newburgh campus offers selected academic degree programs in their entirety, enabling students in those programs to complete all of their degree requirements at the Newburgh site without having to commute to the Middletown campus. The full degree programs available in Newburgh include business management, criminal justice, criminal justice-police, human services, individual studies, liberal arts (humanities and social science) and nursing.

In addition to its traditional for-credit degree courses and programs on both campuses, the College is growing its non-credit/workforce programming under the newly branded umbrella of “SUNY Orange Plus” (formerly known as CAPE). This roster of training, certification and credential courses also includes robust High School Equivalency (HSE/GED) and English-as-a-Second-Language (ESL) programs as well as Orange County FoodTEC, the College’s workforce training initiative specific to the region’s food, beverage and hospitality sectors.

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 3 of 36

BID CONDITIONS

Procurement Timeline

ITB Release Date October 20, 2025 Pre-Bid Conference

Not scheduled at this time

Deadline for Submission Questions October 29, 2025 Issuance of Response to Questions November 5, 2025 Deadline for Submission of Proposals Bid Opening: SUNY Orange, 115 South Street Orange Hall, Room 207, Middletown, NY

November 19, 2025, 2:00 PM

Anticipated Notification of Proposed Award November 26, 2025 Contract Start Date December 1, 2025

FORM OF PROPOSAL

All proposals shall be made upon forms furnished by the Purchasing Department of the College and shall be contained in sealed envelopes with the BID NUMBER on the face of the envelope addressed to: Orange County Community College, Purchasing Department, OH207, 115 South Street, Middletown, NY 10940.

Form of proposal as issued by the College shall be completely filled in, in ink or typing. No bid will be accepted which contains any changes, additions, omissions or erasures.

EXPERIENCE & EQUIPMENT

Bidder shall submit with the proposal a Certificate of Experience for the past three (3) years. Bidder to list equipment owned or leased necessary for the execution of this contract. Certificate of Experience and Certificate of Equipment are included in these documents, if applicable.

BONDS

The Contractor shall furnish a performance bond in a sum equal to {100}% of the annual contract, renewable annually for the term of the contract.

If this box is checked, a performance bond IS REQUIRED.

CONTRACT EXECUTORY

This contract shall be deemed executory only to the extent of moneys appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the political subdivision beyond the amount of such moneys. The contract is not a general obligation of the College. It is understood that neither this contract nor any representation by any public employee or office creates any legal or moral obligation to appropriate or make moneys available for the purpose of the contract.

APPRENTICE EMPLOYEES

At the time of the execution of the Contract, the Contractor must list any apprentice employees he presently employs, and proof that they are enrolled in an approved New York State apprentice training program.

ASSIGNABILITY OF CONTRACT

The Contractor is prohibited from assigning, transferring, conveying, sub-contracting or disposing of this contract, or of any part thereof, or any payment to become due thereunder, or of his right, title or interest therein or his power to execute such contact to any other person or corporation without the previous consent in writing of the COMPTROLLER OR INTERIM COMPTROLLER, OR AUTHORIZED

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 4 of 36

PURCHASING PERSONNEL awarding the contract. If the Contractor fails to comply with this clause, the owner may immediately declare breach of contract.

SUBCONTRACTORS

a) Contractor agrees not to subcontract any portion of the work to be performed hereunder without the prior written consent of the COMPTROLLER OR INTERIM COMPTROLLER, OR AUTHORIZED PURCHASING PERSONNEL. Any subcontractor consented to, must agree to all the terms and conditions of this Agreement and Contractor will be liable for the conduct of such subcontractor to the same extent as Contractor’s liability under this Agreement.

b) Nothing contained in this Agreement shall create any rights in favor of a subcontractor, supplier or other party as against the COMPTROLLER OR INTERIM COMPTROLLER, OR AUTHORIZED PURCHASING PERSONNEL.

Subcontractors, suppliers or other parties shall not be deemed third party beneficiaries of this Agreement.

COMMENCEMENT OF WORK

Work hereunder shall be started within ten (10) days after the award letter date or as indicated in the specifications. All work schedules must be submitted for review by the Owner, and integrated with all trades on job and the Owner.

MATERIALS

All materials used in the work shall be of the best grade of their respective kinds for the purpose.

SAFETY / OSHA REQUIREMENTS

ALL CONTRACTORS AND/OR VENDORS SHALL BE REQUIRED TO WEAR HARD HATS AND SAFETY PROTECTIVE EQUIPMENT WHILE DOING WORK FOR AND/OR BEING ON COLLEGE PREMISES AS THE JOB REQUIRES. THIS

DIRECTIVE IS EFFECTIVE IMMEDIATELY AND SHALL BE ENFORCED.

NO WORK WILL BE AUTHORIZED OR PERFORMED WITHOUT PROPER SAFETY PROTECTION EQUIPMENT ADHERING TO THE MOST RECENT OSHA STANDARDS AND IT IS THE VENDOR’S RESPONSIBILITY TO SUPPLY THE

NECESSARY ITEMS OF EQUIPMENT.

RIGHT TO KNOW LAW

“The successful bidder at the time of delivery of any toxic substance, which is defined as any substance with is listed in the latest printed edition of the National Institute of Occupational Safety and Health Registry of Toxic Effects of Chemical Substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing, shall submit the following information to the Purchasing Coordinator:

• The name or names of toxic substance(s), including the generic or chemical name

• The trade name of the chemical and any other commonly used name

• The level at which exposure to the substance(s) is determined to be hazardous, if known

• The acute and chronic effects of exposure of the toxic substance(s) at hazardous levels

• The symptoms of such effects of exposure of the toxic substance(s) at hazardous levels

• The potential for flammability, explosion and reactivity of such toxic substance(s)

• Appropriate emergency treatment for over exposure of the toxic substance(s)

• Proper conditions for safe use and exposure to such toxic substance(s)

• Procedures for cleanup of leaks and spills of such toxic substance(s)

The successful bidder shall be required to comply with the provisions of Article 48 of the Public Health Law and Article 28 of the Labor Law, and as amended, at the time of delivery of any goods and material.”

AMERICANS WITH DISABILITIES

Orange County Community College is committed to full compliance with the Americans with Disabilities Act. To that end, the College is committed to creating an accessible environment for all.

AMENDMENTS TO BID

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 5 of 36

Any verbal information obtained from or statements made by the Representative of the College or a designee at the time of examination of the documents or site shall not be construed as, in any way, amending Contract documents. Only such corrections or addenda as are issued by the Purchasing Department in writing to all Contractors shall become a part of the Contract. Any addendum issued during the time of bidding shall be included in bids and become a part of the Contract Agreement.

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 6 of 36

GENERAL CONDITIONS

BIDS

1. All proposals shall be made upon forms furnished by the Purchasing Coordinator and shall be contained in sealed envelopes addressed to the SUNY Orange, Purchasing Dept – OH207, 115 South Street, Middletown, NY 10940.

2. Form of proposal as issued by the Procurement Manager shall be completely filled in, in black ink or typed on original bid form. No photocopies will be accepted. No bid will be accepted which contains any changes, additions, omissions or erasures, unless otherwise stated.

3. Bidder must submit with bid detailed specifications, circulars and all necessary data on items the bidder proposes to furnish. This information must show clearly that the item offered meets all detailed specifications herein. The College reserves the right to reject any bid if its compliance with the specifications is not clearly evident. If item offered differs from the provisions contained in these specifications such differences must be explained in detail, and bid will receive careful consideration if such deviations do not depart from the intent of these specifications and are to the best interests of the College as interpreted by the Comptroller of the College.

4. All prices quoted must be "per unit" as specified;

e.g., do not quote "per case" when "per dozen" is requested; otherwise, bid may be rejected.

5. Bidder must insert the price per unit and the extensions against each item in this bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions. If a price is written in numbers and alpha - the alpha will govern.

6. The prices submitted shall be exclusive of Federal and State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the College.

7. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the proposal. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted by the College.

8. The College reserves the right to award in whole or in part based on the lowest responsible bid.

9. Where a bidder is requested to submit a bid on individual items and/or on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

10. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the College. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having their bid deposited on time at the place specified.

11. In all specifications, the words "or equal" are understood after each article giving manufacturer's name or catalog reference, or on any patented article. The decision of the Comptroller as to whether an alternate or substitution is in fact "equal" shall be final. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer's name, and detailed specifications of item the bidder proposes to furnish, otherwise, bid will be construed as submitted on the identical item as specified.

12. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, material, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.

13. If two or more bidders submit identical bids as to price, the decision of the College to award a contract to one of such identical bidders shall be final. (General Municipal Law, Sec. 103. sub. 1)

14. It is the responsibility of the bidder to offer a product that meets the specifications of the manufacturer model as listed.

The bidder must submit with their bid detailed specifications, circulars and all necessary data on the commodity to be furnished. If the commodity offered differs from the provisions listed, such differences must be explained in detail. Failure to submit any of the above data may result in rejection of the bid. The College, however, reserves the right to request any additional information deemed necessary for the proper evaluation of bids.

15. See attached insurance requirements.

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 7 of 36

Liability, workers compensation and disability coverage statements are required of all bidders. Automobile coverage is required from those who provide delivery.

Bidders who use common carriers for delivery do not need automobile coverage statements.

16. In the event satisfactory bids are not received, the College reserves the right to consider alternative proposals containing deviations from College specifications. Bidders shall explain in detail where such alternatives deviate from or qualify the terms of the proposal and specifications as issued.

17. Bidder must fill in all applicable spaces on bid form. All lines must have an indication of bidder's response whether it be "o", "N/A", "--", or a dollar figure.

All lines must be filled in to indicate bidder's acknowledgment of the request. Bids that do not have all applicable lines filled in on bid sheet may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty.

18. The following two items will automatically render a bid unacceptable to the College:

a. Failure to sign bid proposal page.

b. Failure to include necessary bid deposit (as required).

It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award.

19. Faxed bids will not be accepted.

20. College reserves the right to purchase items included in these specifications on BOCES, New York State or other municipal contracts, when available.

SAMPLES

21. Samples, when required, must be submitted strictly in accordance with instructions, otherwise, bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered within five (5) days of the request, or as directed, for bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The College will not be responsible for any samples destroyed or mutilated by examination or testing. Samples shall be removed by the bidder at his expense. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned and the College shall have the right to dispose of them as its own property.

22. All window envelopes/mailers must conform to current U.S. Postal regulations. It is the responsibility of the supplier to be familiar and adhere to these regulations.

AWARD

23. The College reserves the right to reject any and all bids not deemed for the best interest of the College and to reject as informal such bids, as in their opinion, are incomplete, conditional, obscure, or which contain irregularities of any kind including unbalanced bids. By an unbalanced bid, it is meant one in which the amount bid for one or more separate items is substantially out of line with the current market prices for the materials and/or work covered thereby.

24. The College reserves the right to waive any informality or to reject any or all bids.

25. Awards will be made to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.

26. No contract hereunder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the College Purchasing Coordinator.

27. Should the successful bidder fail to meet a delivery date required by the specifications, the College Comptroller may, at her discretion, cancel the order and terminate the contract. In such event, the College will assume no responsibility for any expense or loss to the successful bidder because of such cancellation or termination.

28. Should any material or equipment delivered fail to meet the specifications, the Comptroller may, at her discretion require the vendor to replace the same with material or equipment which does meet the specifications and, at the vendor's expense, to remove the rejected material or equipment from wherever delivered or stored and in the event that such proper replacement and removal is not made by the vendor within 30 days, to cancel the order and terminate the contract, in which event the College will assume no responsibility for any expense or

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 8 of 36 loss to the vendor because of such cancellation or termination.

29. If the successful bidder fails to deliver goods or services within the time specified, or within reasonable time as interpreted by the College, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the College, the College may purchase from other sources to take the place of the item rejected or not delivered. The College reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the College promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.

30. A contract may be canceled at the successful bidder's expense upon non-performance or poor performance of contract on ten-calendar day’s written notice to the successful bidder.

31. Payments cannot be processed by College until contract items have been delivered in satisfactory condition and the contractor has submitted a properly completed Invoice to the ordering department.

32. Extension of Prices - Political subdivisions and districts and others authorized by law including certain non-profit post secondary, secondary, and elementary educational institutions may participate in contracts resulting from this bid. Upon request, non-College agencies must furnish contractor(s) with the proper tax exemption certificate.

33. It should be noted that the extension of this contract to certain political subdivision and other authorized users may cause the estimated quantities to vary considerably. However, the contractor must furnish all quantities of goods or services actually ordered.

34. The College may require the successful bidder to confirm in writing, within ten days of the request, that said bidder will perform the contract in accordance with its bid. The failure of the bidder to so confirm may result in the cancellation of the contract by the College in its sole discretion.

35. Any errors in the bid award, which are the fault of the College, must be forwarded, in writing, to the College Purchasing Department within five (5) working days of the notification of award. No corrections will be made beyond that date. If errors on the part of the College are discovered too late to be corrected we will issue a "no award" on those affected items and rebid or quote at a later date.

36. If a successful vendor back orders or delays deliveries the College reserves the right to rescind their award and to disqualify them from future bidding.

37. Any and all awards resulting from this bid shall be final and shall be for the complete term of the contract.

No rescinding of awards will be made because of bidder error or inability to supply them.

38. Title shall not pass until items have been delivered to the College and accepted by the requesting Department.

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

40. The College reserves the right to extend the term of this contract for any length of time up to one year beyond the time herein specified as the expiration date of this contract at identical terms and conditions.

Written notice will be given to the contractor.

41. The College reserves the right to cancel this contract on 30 days written notice to the contractor(s).

DELIVERY

42. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear on order, it will be interpreted to mean prompt delivery. The decision of the Comptroller as to reasonable compliance with delivery terms shall be final.

43. The College must be notified twenty-four (24) hours in advance of delivery.

The College reserves the right to deny acceptance of delivery if this notice is not given, at no cost to the College.

44. (Deleted).

45. Items shall be securely and properly packed for shipment, storage and stocking in shipping containers and according to accept commercial practice, without extra charge for packing cases, baling, or sacks.

46. The successful bidder shall be responsible for delivery of items in good condition at point of destination.

The bidder shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices.

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 9 of 36

47. (Deleted).

48. Unloading and placing of equipment and furniture is the responsibility of the successful bidder, and the College accepts no responsibility for unloading and placing of equipment. Any costs incurred due to the failure of the successful bidder to comply with this requirement will be charged to him. No help for unloading will be provided by the College, and suppliers should notify their truckers accordingly.

49. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

Contract Number and/or Purchase Order Number

Name of Article Item Number (if applicable) Quantity Name of the Successful Bidder

50. Successful bidder may be requested to acknowledge, in writing, receipt of order.

51. No items are to be shipped or delivered until receipt of an official purchase order from the College Purchasing Department.

INSTALLATION OF EQUIPMENT

52. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work, the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair or order. Old materials are the property of the successful bidder unless otherwise specified.

53. Equipment, supplies, and materials shall be stored at the site only on the approval of the Purchasing Coordinator and at the successful bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

54. Work shall be progressed so as to cause the least inconvenience to the College and with proper consideration for the rights of the other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly.

55. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.

56. Equipment for trade-in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade-in. All equipment is represented simply “as is”. Equipment is available for inspection only at the delivery point unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL

BIDDER

57. The successful bidder guarantees:

(a) Their products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

(b) To furnish adequate protection from damage for all work and repair damages of any kind for which the bidder or the bidder’s workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.

(c) To carry adequate insurance to protect the College from loss in case of accident, fire, theft, etc.

(d) That all deliveries will be equal to the accepted bid sample.

(e) That the equipment delivered is standard, new, latest model of regular stock product or as required by the specifications; also that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one year from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to the College. Any merchandise provided under the contract, which is or becomes defective during the guarantee period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the College.

(f) The successful bidder shall hold harmless, defend and indemnify the School District from all claims for damages to property and bodily injury, including death, which may arise from operations under the contract, including but not limited to claims brought against the School District by third parties, employees of the School District, or employees of the successful bidder.

SAVING CLAUSE

58. The successful bidder shall not be held

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 10 of 36 responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the successful bidder and which by the exercise of reasonable diligence he is unable to prevent.

GOVERNING LAWS & RULES

59. Section 165 of the State Finance Law prohibits the purchase of tropical hardwood products. Any bid which included products containing tropical hardwoods shall be deemed non-responsive. Exceptions shall be from an approved source or sole source where no approved equal is available. Section 167b shall apply.

60. The Contractor shall comply with all the provisions of the laws of the College, the State of New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the General Municipal Law, the Worker's Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Law, Rules and Regulations, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein. The bidder's special attention is called to those laws which are set forth below:

61. Section 103-d of the General Municipal Law of the State of New York which reads as follows:

1. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury; Non-collusive bidding certification.

(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 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 with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor, and (3)No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

(b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore.

Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.2. The fact that a bidder

(a) has published price lists, rates or tariffs covering items being procured,

(b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or

(c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of sub-paragraph one (a).

3. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 11 of 36 where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the Board of Directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

62. All regularly manufactured stock electrical items must bear the label of the Underwriters' Laboratories, Inc.

63. Bids on equipment must be on standard new equipment of latest model and in current production, unless otherwise specified. All supplies, equipment, vehicles and materials must meet the provisions of the New York State Public Employee Safety and Health Act of 1980.

64. The form of non-collusion bidding certification following the form of proposal must be executed by the bidder and submitted with the proposal.

Bidders must complete the attached College forms, which include the Vendor Reference Sheet. These forms must be submitted with the proposal.

65. The contract will be governed by New York law without regard to the law of the contracts of law; and will be deemed to be made in New York. Vendor and College agree to jurisdiction in New York courts and venue in State and Federal courts located in Orange County, New York.

ADDENDA AND INTERPRETATIONS

66. No verbal interpretation of the intent of any of the specifications or other Contract Documents will be made before receipt of bids. Requests for interpretations prior to receipt of bids must be presented, in writing, to the Purchasing Coordinator, 115 South Street – OH220, Middletown NY 10940, and to be given consideration must be received by the Purchasing Coordinator at least five (5) business days prior to the date set for the opening of bids.

67. Any interpretation, and any additional information or instruction will, if issued, be in the form of written Addenda sent to all holders of Contract Documents at the addresses furnished therefore, at least two (2) days prior to date set for the opening of bids.

68. Failure of any bidder to receive any Addenda shall not relieve such bidder from any obligation under this bid as submitted. All Addenda so issued shall become a part of the Contract Documents.

QUALIFICATIONS OF BIDDERS

69. The College reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the College, on request, all data and information pertinent thereto. The College reserves the right to reject any bid if such investigation fails to satisfy the College that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award.

70. Conditional bids will be considered informal and will be rejected.

EXCEPTIONS TO GENERAL CONDITIONS

71. All of the above statements shall hold true to all bids unless superseded by specific information included in the General Specifications or Product Specifications in the bid document.

NON-DISCRIMINATION

72. The bidder agrees to comply with the College Non-Discrimination Policy. There shall be no discrimination because of race, creed, color, national origin, ancestry, age, sex, physical appearance, marital status, disability, arrest or conviction record, political belief, or sexual orientation in the employment of persons for work under this contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor or subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this contract on account of the items listed herein.

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 12 of 36

INSURANCE: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES

INDEPENDENT CONTRACTOR: The CORPORATION / CONTRACTOR/ AGENCY / CONSULTANT, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the College, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the College including, but not limited to, Worker’s Compensation coverage, unemployment insurance benefits, Social Security Coverage or retirement membership or credit.

INSURANCE REQUIREMENTS:

GENERAL LIABILITY: The CONTRACTOR shall, at its/his/her own cost and expense, procure and maintain insurance to cover his/her/its work, services, employees, agents and servants under the terms of this agreement.

Bidders must carry general liability insurance in the amount of $1,000,000.00 for any one person or property claim, and $3,000,000.00 for any one accident, and must submit naming Orange County Community College as additional insured.

Automobile Liability Coverage is required IF an automobile is used in the execution of their contract. A vendor using a third party for shipment or transport does not require Automobile Liability Insurance.

An ACORD form is NOT acceptable proof of NYS Workers Compensation (WC) or Disability Benefits (DBL) Insurance coverage. For WC, secure form C-105c or U-26.3. For DBL, secure form DB.120.

Workers Compensation/Employers Liability, and NYS Disability are not required of: a) a business that is owned by one individual, is not a corporation, and does not have any other employees, b) a self-employed individual, c) an out of state employer with no NYS employees. IN EACH CASE, the employer must file Form CE-200, Certificate of Attestation of Exemption, with the NYS Workers Compensation Board certifying that they are not required to obtain NYS specific Workers Compensation Insurance or NYS statutory Disability Benefits.

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 13 of 36

WORKERS COMPENSATION INSURANCE COVERAGE

WORKERS COMPENSATION: The CONTRACTOR shall procure, pay for, and maintain during the entire term of the contract such insurance as will protect both the owner and the contractor from claims under worker’s compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the Contractor. Copy of Certificates to be provided to Orange County Community College, Maintenance Office, 115 South Street, Middletown, NY 10940 or emailed to purchasing@sunyorange.edu.

The Contractor must prove that they are in compliance with Section 57 of the Workers Compensation Law (WCL) by providing ONE of the following forms indicating that they are:

• Insured (Form C-105.2 or U-26.3) –(All private insurance carriers and their licensed insurance agents are authorized to use the Form C-105.2 as their Certificate of NYS Worker’s Comp Insurance. The State Insurance Fund uses the U-26.3 form as its Certificate of Workers Compensation Insurance)

• Self-Insured (Form SI-12 – Certificate of Worker’s Compensation Self-Insurance or Form GSI-105.2

Certificate of Participation in Worker’s Compensation Group Self-Insurance)

• Exempt (Form CE-200 – Certificate of Attestation of Exemption From NYS Worker’s Compensation Insurance) (Effective 12/1/08)

The Contractor will send the appropriate form to the Purchasing Division upon notification of contract award.

All correspondence shall contain the Solicitation Number and Title.

Please note that ACORD forms are NOT acceptable proof of New York State Workers Compensation or Disability benefits insurance coverage.

NY State Department of Labor requirements for Workmen’s Compensation and Disability forms. Online address: http://www.wcb.state.ny.us/content/main/forms/AllForms.jsp

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 14 of 36

USE OF PREMISES

The Contractor shall confine his equipment and the storage of materials, if any, and the portion of his employees to the limits directed by the owner and shall not encumber the premises or any part thereof with his materials or equipment. All work shall be accomplished in such a manner as not to interfere with the orderly conduct of the business of the College. Since the buildings are occupied, personnel shall be instructed to refrain from unworkmanlike conduct while on the job.

1. FAILURE TO PERFORM

Should the Contractor fail to perform as required by the specifications, the College may cancel the order and terminate the contract by 10 day written notice. In such event, the College will assume no responsibility for, nor will it reimburse the Contractor for any expense or loss to the contractor because of such termination or cancellation. The College will then purchase products/service on the open market and charge back the differences to defaulting vendor.

COMPLIANCE WITH LAWS

The Contractor shall comply with all the provisions of laws in the County of Orange, the State of New York and of the United States of America which affect municipalities and municipal contracts, and provide at his expense, any and all permits, licenses and registrations required for the fulfillment of this agreement, and more particularly the Labor Law, the Immigration and Naturalization Laws and Regulation, the General Municipal Law, the Workers’ Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Laws, Rules and Regulation, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein. The bidder’s special attention is called to those laws which are set forth in detail below:

A. NON-COLLUSIVE BIDDING CERTIFICATION

The attention of the bidder is called to Section 103-d of the General Municipal Law of the State of New York, which reads as follows:

(1) Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency of official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be performed or goods sold to be sold, shall contain the following true non-collusive bidding certification.

(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 vest of knowledge and belief:

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

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any 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 no to submit a bid for the purpose of restricting competition.

(b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award no shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such

Billing address: 115 SOUTH STREET, MIDDLETOWN NY 10940

TITLE: Environmental Testing BID NUMBER: ITB-OCCC-2026-16 Page 15 of 36 items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the State or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulations, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the Corporation.”

The form of non-collusion bidding certification included as part of this bid package must be executed by the bidder and submitted with the proposal.

The College representatives reserve the right to waive any informality or to reject any or all bids.

The bid prices submitted shall be exclusive of Federal and State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the College.

B. LABOR LAW

The Contractor shall conform to all applicable requirements of Article 9 of the Labor Law, including the following:

(1) A provision that each worker employed by the Contractor shall be paid not less than the prevailing rate of wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Bidder agrees to comply with the schedule of wages applicable to the performance of the said contract and the statutory requirements and rules of the public and governmental authorities. PRC 2025901016 .

(2) Contractor agrees:

a) that in the hiring of employees for the performance of work under this contract, no Contractor or any person acting on behalf of such Contractor shall by reason of race, creed, color or national origin, or sex, discriminate against any citizen who is qualified and available to perform the work to which the employment relates.

b) that Contractor nor any person on contractors behalf shall not, in any manner,…