ITB-SD-2627-05 North Campus Parking Lot Improvement.pdf

PURCHASING DEPARTMENT- INVITATION TO BID

PLEASE READ THE FOLLOWING INSTRUCTIONS PRIOR TO SUBMITTING YOUR BID. Bids, as stated below, will be received and publicly opened by the Erie Community College Purchasing Department in accordance with the attached specifications.

Bid proposals will be accepted online via BidNet(Empire State Purchasing Group) at www.empirestatebidsystem.com or physically submitted to the following address prior to the bid opening in order to be considered. It is the bidder’s responsibility to check for any updates and addenda prior to bid submission. FAXED OR EMAILED BIDS WILL NOT BE ACCEPTED. It is the bidder’s responsibility to ensure submissions are received prior to the bid opening. In person bid submissions will be accepted between the hours of 7:00 a.m. and 3:00 p.m. Monday through Friday.

**The Purchasing department is now located in Building 6- 2nd floor **

Erie Community College Purchasing Department Sara Dombrowski, Buyer

4041 Southwestern Boulevard, Building 6, Room 6206 Email: dombrowski@ecc.edu

Orchard Park, NY 14127

NOTE: Lower left-hand corner of envelope MUST indicate the following if submitting a physical bid:

BID NUMBER: ITB-SD-2627-05 FOR: NORTH CAMPUS PARKING LOT IMPROVEMENT

OPENING DATE: 10/14/2026 TIME: 10:00 a.m.

NAME OF BIDDER _________________________________________________________

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

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

X EXHIBIT “A” - General Information/Contractual Conditions for Bidders X EXHIBIT “B” - Bid Proposal with Pricing X EXHIBIT “C” - Insurance X EXHIBIT “D” - Non-Collusive Bidding Certification X EXHIBIT “E” - Iran Divestment Certification X EXHIBIT “F” - Legal Status Certification X EXHIBIT “G” - Prevailing Wage Certification X EXHIBIT “H” - Standard Agreement _____EXHIBIT “I” - References _____EXHIBIT “J” - Performance Bond _____EXHIBIT “K” - Formal Bid Bond X EXHIBIT “L” - MBE/ WBE Commitment X EXHIBIT “M” - Assignment of Public Contracts _____EXHIBIT “N” - Construction/Reconstruction Contracts http://www.empirestatebidsystem.com/ mailto:dombrowski@ecc.edu

ERIE COMMUNITY COLLEGE

PURCHASING DEPARTMENT

4041 SOUTHWESTERN BOULEVARD, Building 6, ROOM 6206

ORCHARD PARK, NY 14127

NON-BIDDER SURVEY

(Please complete & return ONLY if NOT bidding)

BID# ITB-SD-2627-05

TITLE: NORTH CAMPUS PARKING LOT IMPROVEMENT

The Erie Community College Purchasing Department is interested in the reasons why bidders/proposers fail to submit bids/proposals. Please indicate your reason(s) by checking all appropriate items below and returning this form to the address above or via fax to 716-270-2602.

VENDOR NAME ______________________________________________

CONTACT ______________________________________________

ADDRESS ______________________________________________

PHONE ___________________ FAX _______________________

_____ Could not meet Scope of Services.

_____ Specifications are not clearly understood or applicable.

_____ Too vague

_____ Too rigid

_____ Insurance requirements too restricting.

_____ Bond requirements too restricting.

_____ Insufficient time allowed for preparation of bid/proposal.

_____ Items and/or materials requested are not manufactured by us or are not available to our company.

_____ Our items and/or materials do not meet your specifications.

_____ Quantities too small

_____ Other ___________________________________________________________

INSTRUCTIONS FOR SUBMISSION OF BID# ITB-SD-2627-05

1. Read all documents contained in the Invitation to Bid.

2. Bidders are responsible for submitting their bids to the appropriate location prior to the time indicated in the specifications. No bids will be accepted after the designated time or date indicated in the bid specifications. Delay in mail is not an exception to the receipt of a bid.

3. Bidders are responsible for reporting, in writing, any errors in the bid specifications to the Purchasing Department. Please email Buyer indicated on page 1.

4. Questions or clarifications to the technical specifications should be addressed to the Purchasing Department. Please email Buyer indicated on page 1. Such questions should be addressed to the Purchasing Department at least 72 hours prior to the bid opening.

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

1. Title of Bid.

2. Bid Number.

3. Date and Time of Bid Opening.

FAILURE TO DO SO MAY RESULT IN REJECTION OF THE BID AS BEING UNRESPONSIVE.

6. The only forms required to be submitted as a bid are the following:

1. Bid Proposal sheet (Exhibit “B”)

2. Insurance Certificates (Exhibit “C”)- required upon notice of award

3. Non-Collusive Bidding Certificate, completed & signed. (Exhibit “D”)

4. Iran Divestment Certification, completed & signed. (Exhibit “E”)

5. Legal Status Certification, completed & signed. (Exhibit “F”)

6. Prevailing Wage Certification, completed & signed. (Exhibit “G”)

7. MBE/WBE Certification, if applicable.

Under no circumstance is it necessary to submit technical specification with the bid. They are to be retained by the bidder for their records.

All bids must be filled out in ink or be typewritten. Bids submitted in pencil will be rejected as unresponsive.

Bids which have been corrected by white out or cross out and have not been initialed and/or dated will be rejected as unresponsive.

Exhibit “A” GENERAL INFORMATION / CONTRACTUAL CONDITIONS FOR BIDDERS BID#ITB-SD-2627-05

1. THESE CONDITIONS SHALL BECOME A PART OF THE CONTRACT WITH ERIE COMMUNITY COLLEGE should the bidder be selected as the successful bidder. Accordingly, the terms and conditions should be carefully reviewed. Consult with legal counsel if necessary.

2 BID SHALL BE SUBMITTED ON THESE ERIE COMMUNITY COLLEGE (ECC) BID FORMS or bid will not be considered. Bid must be typed or printed in ink. Original autograph signatures in ink are required. Facsimile or rubber stamp signatures will not be accepted.

3. LATE PROPOSALS. Any bids received in the ECC Purchasing Department after the date and time prescribed will not be considered for contract award.

4. EMERGENCY CLOSINGS. In the event the closing of certain ECC facilities and/or operations and/or services due to any flood, fire, fire drill, power failure, uncontrolled weather conditions or other cause beyond the Purchasing Department control, only bids received in the Purchasing Department prior to the date and time or postmarked as of the date prescribed will be considered for contract award.

5. ANY CHANGE IN WORDING OR INTERLINEATION BY A BIDDER OF THE INQUIRY AS PUBLISHED BY ERIE COMMUNITY COLLEGE shall be reason to reject the proposal of such bidder, or in the event that such change in the Invitation to Bid is not discovered prior to entering into a contract, to void any contract entered into pursuant to such bid.

6. ERIE COMMUNITY COLLEGE RESERVES THE RIGHT TO REJECT any and all bids, to accept either in whole or in part any one bid or combination of bids, as may be provided in the bid specifications, or to waive any informalities in bids. Erie Community College does not obligate itself to accept the lowest or any other proposal.

7. AWARD TO THE LOWEST RESPONSIBLE BIDDER. For the purpose of determining which bidder is the lowest qualified responsible bidder, it shall be the lowest three bidders' responsibility, within FIVE DAYS of being so notified by the Purchasing Department , to present information and documentation to the Purchasing Department , to satisfy Erie Community College that the bidder possesses sufficient capital resources, skill, judgment and experience to perform the work or deliver the material, as per bid specifications.

8. CONTRACT(S) OR PURCHASE ORDER(S) WILL BE AWARDED after due consideration of the suitability of goods and/or services bid to satisfy these specifications, the total cost of such goods and/or services including all cost elements, and the timeliness of the agreed upon delivery date.

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

IT IS UNDERSTOOD BY THE PARTIES THAT THIS AGREEMENT SHALL BE EXECUTORY ONLY TO THE EXTENT OF THE MONIES AVAILABLE TO THE COUNTY OF ERIE AND/OR ERIE COMMUNITY COLLEGE AND APPROPRIATED THEREFORE, AND NO LIABILITY ON ACCOUNT THEREOF SHALL BE INCURRED BY THE COUNTY OR COLLEGE BEYOND THE MONIES

AVAILABLE AND APPROPRIATED FOR THE PURPOSE THEREOF.

10. FAILURE TO MEET DELIVERY SCHEDULE as per accepted bid may result in legal action by Erie Community College to recover damages.

11. PRICES SHALL BE QUOTED F.O.B. DESTINATION AND DELIVERED INSIDE. "Tailgate delivery" will not be accepted unless specified by the Erie Community College Business Manager. Terms shall be “Net 30”.

12. COLLECT TRANSPORTATION CHARGES WILL NOT BE PAID BY ERIE COMMUNITY COLLEGE. All freight, cartage, rigging, postage or other transportation charges shall be prepaid and included in the bid. There will be no additional charges for delivery.

13. NO TAXES ARE TO BE BILLED TO ERIE COMMUNITY COLLEGE. Bids shall not include any Federal, State, or local excise, sales, transportation, or other tax, unless Federal or State law specifically levies such tax on purchases made by a political subdivision. The Erie Community College Purchase Order is an exemption certificate. Any applicable taxes from which Erie Community College is not exempt shall be listed separately as cost elements and added into the total net bid.

(Exhibit “A”-contd.) - BID#ITB-SD-2627-05

14. THE SUCCESSFUL BIDDER shall comply with all laws, rules, regulations and ordinances of the Federal Government, the

State of New York and any other political subdivision of regulatory body which may apply to its performance under contract.

15. GRATUITIES, ILLEGAL OR IMPROPER SCHEMES. Erie Community College may terminate this agreement if it is determined that gratuities in the form of entertainment, gifts or otherwise were offered or given by a vendor, his agent or representative to any County official or employee with a view towards securing favorable treatment with respect to the awarding of this bid or the performance of this agreement. Erie Community College may also terminate this agreement if it is determined that the successful bidder engaged in any other illegal or improper scheme promoting favoritism or unfairness incidental to the bidding process or the performance of this agreement. In the event it is determined that said improper or illegal acts occurred, Erie Community College shall be entitled to terminate this agreement and/or exercise any other remedy available to it under existing law.

16. INSURANCE AND DEFENSE AND INDEMNITY: Insurance shall be procured by the Successful Bidder before commencing work, no later than 14 days after notice of award and maintained without interruption for the duration of the Contract, in the kinds, amounts and minimum coverage specified in Exhibit C, unless otherwise stipulated in these Bid Specifications. In addition, as noted in the insurance specifications, the County of Erie and Erie Community College shall be named as additional insureds on the policies and subrogation must be waived as indicated in the instructions and sample forms. PLEASE NOTE: THE LANGUAGE IN THE DESCRIPTION OF OPERATIONS MUST MATCH THE SAMPLE CERTIFICATES EXACTLY WITH POLICY NUMBERS LISTED. IF THE INSURANCE IS NOT PROVIDED IN ACCEPTABLE FORM WITHIN THIS PERIOD OF TIME, THEN THE BUSINESS MANAGER MAY DECLARE THE VENDOR NONRESPONSIVE AND AWARD THE CONTRACT TO THE NEXT LOWEST RESPONSIBLE BIDDER. Certificates of Insurance shall be furnished by the successful bidder on Erie County Standard Insurance Certificate, Exhibit C. In addition to, and not in limitation of the insurance provisions contained in Exhibit C, the Successful Bidder agrees that it will defend, indemnify and hold harmless the County of Erie and Erie Community College, their agents, officers and employees from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform under this Agreement by the Successful Bidder or third parties under the direction and control of the Successful bidder; and to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto.

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

18. CHANGES IN THE WORK. Erie Community College may, as the need arise, through the Business Manager, order changes in the work through additions, deletions, or modifications without invalidating the contract. Compensation, as it may be affected by any change, shall be adjusted by agreement between the contractor and Erie Community College through the Business Manager.

19. BID OFFERING MATERIAL OTHER THAN THAT OF SPECIFIED MANUFACTURER OR TRADE NAME will be considered unless stated otherwise. The use of the name of a particular manufacturer, trade name, or brand in describing an item does not restrict a bidder to that manufacturer or specific article. However, the substituted article on which a proposal is submitted must be of such character or quality that it would serve the purpose for which it is to be used equally well as the manufacturer or brand specified. Proposals will be accepted in accordance with specifications on file or approved equal.

20. IF MATERIAL OR SERVICES OTHER THAN THOSE SPECIFIED IN THIS BID DOCUMENT ARE OFFERED, the bidder must so state and furnish at the time of bid opening, if so requested, and as part of his bid the following information in duplicate:

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

b. Descriptive literature of item offered for evaluation.

c. List of installations in Erie County of the item offered.

d. List of other installations.

21. ANY ADDITIONAL INFORMATION for which bidder desires to add to the bid shall be written on a separate sheet of paper, attached to and submitted with the formal sealed bid, to be read at the formal opening.

22. WORKMANSHIP MUST MEET WITH THE APPROVAL OF THE DEPARTMENT HEAD(S) INVOLVED, AND SHALL BE FIRST CLASS in every respect without exception and shall be equal to the best modern practices. Materials furnished are to be new and unused. All materials furnished or work performed is to be guaranteed free from defects. Anything found defective or not meeting specifications, no matter in what stage of completion may be rejected and shall be made good by the contractor at his own expense.

23. CONTRACTOR SHALL CLEAN UP and remove all debris and rubbish resulting from the work from County property and leave the premises broom clean to the approval of the department head.

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

25. PRICES CHARGED TO ERIE COMMUNITY COLLEGE are to be no higher than those offered to any other governmental or commercial consumer. If a bidder has a New York State or a Federal GSA contract for any of the items covered in this bid or any similar items, he shall so indicate that he has said contract on these bid papers and automatically supply a copy of this contract within five days after notification of award.

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

27. EXTENSION OF PRICE PROTECTION. Any contract entered into pursuant to this bid to supply Erie Community College's requirements of goods and/or services for a definite period of time as stated in the attached specifications may be extended for not more than two successive periods of equal length at the same bid price upon the mutual agreement of the successful bidder and Erie Community College. All extensions shall be submitted in writing and shall have prior approval by the Erie Community College Business Manager.

28. IN EXECUTING THIS BID, THE BIDDER AFFIRMS that all of the requirements of the specifications are understood and accepted by the bidder, and that the prices quoted include all required materials and services. The undersigned has checked all of the bid figures and understands that Erie Community College will not be responsible for any errors or omissions on the part of the undersigned in preparing this bid. Mistakes or errors in the estimates, calculations or preparation of the bid shall not be grounds for the withdrawal or correction of the bid or bid security. In case of error in extension of prices in the bid, the unit price will govern.

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

30. TERMINATION OF CONTRACT:

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

b. At its option, Erie Community College may at any time for any reason terminate this agreement and the

Contractor shall immediately cease all work under the agreement upon receipt of written notice of such termination from Erie Community College.

c. In the event of termination for any reason other than the fault of the Contractor, or the non-availability of funds as provided in the above Executory Clause, the Contractor shall be paid the amount due to date of termination.

31. STATUS AS AN INDEPENDENT CONTRACTOR: The successful Bidder to whom the bid is awarded and the County and Erie Community College agree that the Bidder and its officers, employees, agents, contractors, subcontractors and/or consultants are independent contractors and not employees of the County, or College or any department, agency or unit thereof. In accordance with their status as independent contractors, the Bidder covenants and agrees that neither the Bidder nor any of its officers, employees, agents, contractors, subcontractors and/or consultants will hold themselves out as, or claim to be, officers or employees of the County or College or any department, agency or unit thereof.

32. GOVERNED BY NEW YORK LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of New York without regard to conflicts of law. In addition, the parties hereby agree that jurisdiction over any cause of action arising out of this Agreement shall be vested in the New York State Supreme Court for the County of Erie.

33. The Contractor expressly agrees that neither it nor any contractor, subcontractor, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status or any other status protected by New York State or Federal laws during the term of or in connection with this Agreement.

Exhibit “B”

OPENING DATE: 10/14/2026 10:00 a.m.

NORTH CAMPUS PARKING LOT IMPROVEMENT

Erie Community College is seeking a contractor to perform parking lot improvements at the North campus parking for the following scope of work. Please note, there are two separate areas to be completed. Please see enclosed image for approximate area.

Questions regarding this bid package can be directed to dombrowski@ecc.edu.

MANDATORY SITE VISIT:

A mandatory site visit will be held on Thursday, October 8th, 2026, at 11:00 a.m. by Jim Frankhauser, Custodian Bldgs. & Grounds – Temp. (frankhauser@ecc.edu or 716-207-3848). This is an opportunity to guide potential bidders through the parking lot work area and clarify any project specific details. Bidder must be present to be considered for this bid so they can obtain the complete scope of work. All attendees are to sign the attendance sheet provided. Any questions relating to the site visit can be addressed via email to frankhauser@ecc.edu or 716-207-3848.

LOCATION:

• Erie Community College North Campus, 6205 Main Street, Williamsville, NY 14221

TIMELINE:

• The college requires this project to be completed this fall. Please indicate approximate completion date on bid proposal page.

• Any delays must be communicated promptly and justified appropriately.

BIDDERS’ MINIMUM REQUIREMENTS:

• Bidders must have been in a business performing the work outlined in these specifications for a minimum of five years and have experience and knowledge on a commercial scale.

• The contractor shall possess all necessary qualifications and have adequate personnel to perform the job in a timely, professional manner.

• The contractor will be responsible for obtaining any required licenses and permits within the jurisdiction where the work is to be performed.

CONTRACTOR AND SERVICE PERSONNEL REQUIREMENTS:

• Expected times of service will be set within normal working hours of Monday - Friday 7:00 a.m. to 3:00 p.m.

• All work shall be accomplished in strict accordance with specifications set forth herein, and all applicable state, county and local laws, codes and ordinances. In addition, without exception, the contractor shall comply with the letter and intent of all EPA, OSHA, PESH and any other pertinent federal regulations and laws concerning the work specified herein.

mailto:dombrowski@ecc.edu mailto:frankhauser@ecc.edu mailto:frankhauser@ecc.edu

INVOICING AND PAYMENT:

• Invoice(s) must reflect prices according to the bid submission. To be invoiced upon completion of work.

• Invoices are to be submitted to Erie Community College, Attn: Accounts Payable Department, 4041

Southwestern Blvd., Orchard Park, NY 14127 or e-mail address: accountspayable@ecc.edu

• This contract is subject to New York State Labor Law 220, Article 8 Prevailing wages. The Contractor shall submit with each invoice, certified payrolls for all labor. Submission of Certified Payroll with invoice is a condition of payment. Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i. The contractor is responsible for verifying that any subcontractors they work with are registered.

Starting December 31, 2025, all contractors and subcontractors working on projects covered by Article 8 of NYS Labor Law must electronically provide certified payroll records to the New York State Department of Labor through the Certified Payroll portal. Payroll information must be reported every 30 days.

SPECIFICATIONS/SCOPE OF WORK

Milling and paving of 2 parking lots totaling 8880 plus 100 square yards- see below map

• Milling of Existing Parking Lot Work Areas- 8,880 square yds.

• Milling of Existing Parking Lot Work Areas- 100 square yds.

• Furnish and Apply Diluted Tack Coat

• 9.5mm F2 Top, 64V-22AC, <0.3M ESAL, WMA 2” Compacted

The Contractor is responsible for the protection of all buildings, structures and utilities that are under or above ground or on the surface from their operations that may be hazardous and/or damaging to college facilities and surrounding infrastructure.

• Close off parking lot as agreed upon with College Maintenance and Facilities staff

• All materials used must meet industry standards and specifications

• All waste materials must be disposed of in accordance with local regulations.

• At completion of work the Contractor shall remove all tools, equipment, machinery and surplus materials from the work site.

• Millings to be removed from premises and become property of Contractor

Contractor to furnish all labor, supervision, material, tools, machinery, and equipment related to the following scope of work:

All quantities mentioned are approximate and must be verified by the Contractor prior to bid submission.

Actual quantities may be more or less.

mailto:accountspayable@ecc.edu https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I https://www.nysenate.gov/legislation/laws/LAB/220-I

BID PROPOSAL:

Total bid amount:

Approximate completion date once PO is received: _______________________

By submitting a bid response, the undersigned, as a duly authorized representative of the Bidder, represents that they have read and understand all Bid Documents and will provide items and/or services in accordance with the terms and conditions.

Name of Bidder: __________________________________________________________

Signature of Bidder: ________________________________________________________

Exhibit "C" - Bid#ITB-SD-2627-05

(Exhibit "C" - contd.)

Understanding New York Workers Compensation Board Workers Compensation and N.Y.S Disability Benefits Liability

This is a brief description for governmental organizations to validate vendor workers compensation and NYS Disability Benefits coverage. These requirements should be used when applying for permits, licenses or secure contracts. Copies should be obtained not only at the initial issuance but at renewal as well. A full instruction manual can be obtained from the Workers Comp Board.

The forms discussed are:

1) Form CE-200- Affidavit of Exemption (obtain at: https://www.wcb.ny.gov/icexempt/index.jsp) Acceptable proof that the business listed is exempt from providing workers’ compensation and/or disability insurance coverage.

2) Workers Compensation

• Form C-105.2: Certificate of Workers Compensation (WC) (Obtain from your insurance agent) All private NYS licensed workers’ compensation carriers are required to issue the C-105.2.

• Form SI- 12: Certificate of WC when self-insured. (Obtain from workers compensation board)

Only the Self-Insurance Office of the Workers’ Compensation Board issues the SI-

12. The Self-Insurance Office can be contacted at 518-402-0247. Only one legal name and Federal Employer Identification Number can be listed on each Form SI-12. (Multiple legal entities must not be listed.)

• Form GSI- 105.2: Certificate of WC when participating in a group self-insured program.

The self-insurance administrator of the group completes the form.

• Form U-26.3: Certificate of WC Acceptable proof that the business has workers’ compensation coverage through the New York State Insurance Fund. Only available through (NYSIF).

3) New York State Disability Benefits Law (DBL)

• Form DB-120.1: Certificate of DBL Insurance (obtain from workers compensation board) The DB-120.1 must be completed by either the NYS statutory disability benefits insurance carrier, or a licensed NYS insurance agent of that carrier. The form can be obtained by contacting the Bureau of Compliance. (certificates@wcb.ny.gov)

• Form DB-155: Certificate of DBL Self-Insurance

The Self-Insurance Office of the Workers’ Compensation Board issues the DB-

155. The Board’s secretary will approve the DB-155. The Self-Insurance Office can be contacted at 518-402-0247.

4) Exemption 1, 2, 3, or 4 Family, Owner Occupied residence (http://www.wcb.ny.gov/content/main/forms/bp- 1.pdf)

NOTE: ACORD Certificates of Insurance are not acceptable proof. Must use one of the forms noted above:

http://www.wcb.ny.gov/content/main/Employers/ProveItToMoveIt.pdf https://www.wcb.ny.gov/icexempt/index.jsp https://www.wcb.ny.gov/icexempt/index.jsp) https://www.nysif.com/weblogin/login.asp http://www.wcb.ny.gov/content/onlineforms/obtainDB120-1.jsp mailto:certificates@wcb.ny.gov mailto:(certificates@wcb.ny.gov http://www.wcb.ny.gov/content/main/forms/Forms_db_carrier_self_insurer.jsp http://www.wcb.ny.gov/content/main/forms/bp-1.pdf) http://www.wcb.ny.gov/content/main/forms/bp-1.pdf)

Exhibit "D" NON-COLLUSIVE BIDDING CERTIFICATION BID#ITB-SD-2627-05

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

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

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

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

NOTICE

(Penal Law, Section 210.45)

IT IS A CRIME, PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF THE STATE OF NEW YORK, FOR A PERSON, IN AND BY A WRITTEN INSTRUMENT, TO KNOWINGLY MAKE A FALSE STATEMENT, OR TO MAKE A FALSE

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

BID NOT ACCEPTABLE WITHOUT FOLLOWING CERTIFICATION

AFFIRMED UNDER PENALTY OF PERJURY THIS __________ DAY OF _____________________, 20 _____

TERMS ________________ DELIVERY DATE AT DESTINATION _____________________

FIRM NAME __________________________________________________________________________

ADDRESS ____________________________________________________________________________

CITY ________________________________________ STATE _______________ ZIP___________

FEDERAL ID#___________________________________MBE___________________ WBE__________

WILL YOU REQUIRE A 1099 FORM? YES______NO______

AUTHORIZED SIGNATURE ______________________________________________________________

PRINT NAME OF AUTHORIZED SIGNATURE_____________________TITLE_______________________

TELEPHONE # _____________FAX #__________________EMAIL ADDRESS_______________________

EXHIBIT “E” CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT BID#ITB-SD-2627-05

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

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

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

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

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

Certification of Compliance with the Iran Divestment Act (Cont’d.)

BIDDER’S CERTIFICATION

___ By submission of this bid, each Bidder/Contractor and each person signing on behalf of any Bidder/Contractor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each Bidder/Contractor is not identified on the Prohibited Entities List.

___ I am unable to certify that my name and the name of the Bidder/Contractor does not appear on the Prohibited Entities

List. I have attached a signed statement setting forth in detail why I cannot so certify.

Dated: _______________________, 20___ _____________________________________________

SIGNATURE

PRINTED NAME

TITLE

EXHIBIT “F“ LEGAL STATUS CERTIFICATION BID#ITB-SD-2627-05

TO FACILITATE CORRECT DRAWING AND EXECUTION OF CONTRACT, BIDDER SHALL SUPPLY FULL INFORMATION

CONCERNING LEGAL STATUS:

FIRM NAME __________________________________________________________

ADDRESS OF PRINCIPAL OFFICE: STREET _________________________________________________

CITY ______________________STATE_______ ZIP CODE________

TELEPHONE #_________________FAX#_______________________

CHECK ONE: CORPORATION_____ PARTNERSHIP_____ INDIVIDUAL_____

INCORPORATED UNDER THE LAWS OF THE STATE OF ___________________

IF FOREIGN CORPORATION, STATE IF AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW YORK:

YES ______ NO ______

TRADE NAMES: _______________________________________________________

ADDRESS OF LOCAL OFFICE: STREET ________________________________

CITY ___________________________________

STATE _______________ ZIP ______________

NAMES AND ADDRESSES OF PARTNERS:

SIGNATURE____________________________________________________________

EXHIBIT "G" PREVAILING WAGE CERTIFICATION BID#ITB-SD-2627-05

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

Contractors are responsible for verifying that any subcontractors they work with are registered. Starting December 31, 2025, all contractors and subcontractors working on projects covered by Article 8 of NYS Labor Law must electronically provide certified payroll records to the New York State Department of Labor through the Certified Payroll portal. Payroll information must be reported every 30 days.

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

(1) as required in the general provisions of laws covering workers employed under public works contracts Erie Community College is providing the attached prevailing wage schedules to all potential bidders; and

(2) as required the Contractor will share this prevailing wage schedule with any subcontractors they may use in the completion of this project; and

(3) if awarded this project, invoices accompanied by certified payroll records (in triplicate) must be submitted to the Erie Community College Accounts Payable Department at 4041 Southwestern Blvd., Orchard Park, NY 14127.

Payment will not be released until payroll records have been received.

The undersigned affirm that the referenced prevailing wage schedules have been received.

The prevailing wage rate schedule for this contract is provided on the internet for bidding purposes. It can be obtained by visiting the New York State

Department of Labor’s web site:

https://applications.labor.ny.gov/wpp/showFindProject.do?method=showIt

BID NOT ACCEPTABLE WITHOUT FOLLOWING CERTIFICATION:

PRC Number: 2026026224

Affirmed under penalty of perjury this _________ day of _______________________, 20 ______

TERMS ________________ DELIVERY DATE AT DESTINATION _____________________________

FIRM NAME _____________________________________________________________________

ADDRESS _______________________________________________________________________

CITY ___________________________________ STATE _________ ZIP ______________________

AUTHORIZED SIGNATURE __________________________________________________________

PRINTED NAME OF AUTHORIZED SIGNATURE __________________________________________

TITLE ________________________________________ TELEPHONE NO. ____________________

Sample Document - Completed form will be sent to Contractor for signature IF AWARDED

EXHIBIT “H” ERIE COMMUNITY COLLEGE - STANDARD AGREEMENT BID#ITB-SD-2627-05

This AGREEMENT, made as of the ____ day of _______, 20___ by and between _____________________ of__________________________ hereinafter referred to as the Contractor, and Erie Community College, hereinafter referred to as the College:

WHEREAS, in accordance with public open competitive bidding, sealed proposals were received and publicly opened by the College Purchasing Department on at_________________ for: ______________

WHEREAS, the bid of the Contractor submitted in accordance therewith, the sum of $_________________________________________Dollars, was the lowest responsible bid submitted; and

WHEREAS, a contract is hereby awarded to the Contractor by the College, in accordance with the provisions therein contained; and

WHEREAS, the Notice to Bidders and Specifications make provisions for entering into a proper and suitable contract in connection therewith;

NOW, therefore, the Contractor does hereby for its heirs, executors, administrators and successors agree with the College that the Contractor shall for the consideration mentioned, and in the manner set forth in Accepted Invitation to Bid No. _________, and in the specifications and provisions of law annexed hereto and forming a part of this contract, furnish the equipment and materials and perform the work and services described in the accepted bid for the above sum.

BY SIGNING THIS STANDARD AGREEMENT, CONTRACTOR EXPRESSLY AGREES TO AND ACCEPTS THE TERMS OF THE ENTIRE CONTRACT AS SET FORTH IN THE INVITATION TO BID WHICH CONSTITUTES THE CONTRACT, INCLUDING, BUT

NOT LIMITED TO, EXHIBITS A, B, C, D, E, F, G, H, I, J ,K,L,M,N.

CHECK ONE:

___ Paid monthly upon presentation of invoices.

X Upon delivery, completion and approval of the work, as per specifications.

Please refer to the Invitation to Bid (Page 1) and the Instructions to Bidders which are part of this agreement.

IN WITNESS THEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written.

ERIE COMMUNITY COLLEGE: CONTRACTOR: ____________________________________

by ______________________________________ by _____________________________________ Dr. Adiam Tsegai, Business President Date __________________ Title _____________________________________ Date ________________

APPROVED AS TO FORM:

by_______________________________________ Leslie Ortiz-Fogg, Executive VP of Legal Affairs

Date _____________________________________

EXHIBIT "L” MBE/WBE COMMITMENT BID#ITB-SD-2627-05

The Erie County Legislature enacted Local Law No. 5 requiring a minority and women-owned business utilization commitment by persons or firms contracting with the Erie County for supplies, materials, equipment, and insurance. Erie Community College is committed to the utilization of minority or women owned businesses for the supply of goods, materials, or equipment.

SECTION 1:

A. The supplier of all purchase contracts involving an expenditure of more than $15,000.00 may take affirmative action to utilize bona fide minority business enterprises (MBE) and women business enterprises (WBE) on all contracts with ECC. Affirmative action may include:

1. Utilizing a source list of MBEs and WBEs; and

2. Solicitation of bids from MBEs and WBEs; and

3. Providing MBEs and WBEs sufficient time to submit proposals in response to solicitations; and

4. Maintaining records showing utilization of MBEs and/or WBEs specific efforts to identify and utilize these companies; and

5. A goal of awarding at least ten percent (10%) of the total dollar value of the contract to MBEs and at least two percent (2%) of the total dollar value of the contract to WBEs or, for those contracts governed by federal or state regulations with respect to MBE and/or WBE hiring the prevailing percentage set forth therein, whichever is higher.

B. All bidders may submit, with a bid, a list of all MBEs and WBEs from whom the supplier has solicited bids, or with whom the supplier has signed a binding contractual agreement, or with whom the contractor is presently negotiating an agreement, for the purpose of meeting the MBE and WBE utilization goals provided in subdivision

(A) (5) above.

C. As evidence of compliance with the goals set forth in subdivision (A) (5) above, the supplier may submit to the ECC Purchasing Department , at the bid opening, a schedule for MBE and WBE participation listing the MBEs and WBEs with whom the supplier intends to utilize; specifying the agreed upon price to be paid for such goods and identifying in detail the contract item or items to be supplied by each MBE and WBE.

D. For the purpose of this section, the term "minority business enterprise" shall mean a business which performs a commercially useful function, at least fifty-one percent (51%) of which is owned by minority group members or, in the case of a publicly-owned business, at least fifty-one percent (51%) of all stock is owned by minority group members. Such ownership shall be certified by the Erie County Division of E.E.O.

E. For the purposes of this paragraph, "minority group members" are citizens of the United States who are African-American, Hispanic, Asian-American and American-Indian.

F. For the purposes of this section, the term "women-owned business enterprise" shall mean a business which performs a commercially useful function, at least fifty-one percent (51%) of which is owned by a woman or women or, in the case of publicly-owned business, at least fifty-one percent (51%) of all stock is owned by a woman or women. Such ownership shall be certified by the County Division of E.E.O.

NOTE: It is the prime vendor's responsibility to obtain MBE/WBE vendors and NOT Erie Community College.

However, some vendors may be obtained online at www.erie.gov/depts/eeo or from:

Erie County Division of E.E.O.

95 Franklin Street, Room 625 Buffalo, New York 14202

(716) 858-7542 http://www.erie.gov/depts/eeo

EXHIBIT “M” ASSIGNMENT OF PUBLIC CONTRACTS BID#ITB-SD-2627-05

GENERAL MUNICIPAL LAW - Section 109:

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

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

NO ASSIGNMENT OF ANY AGREEMENT pursuant to this bid shall be made without specific prior approval, in writing, by the Erie Community College Business Manager.