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SECTION I

REQUEST FOR PROPOSALS

DATE OF ISSUE: May 12, 2016

NOTICE IS HEREBY GIVEN that the Auxiliary Services Corporation of Erie

Community College will receive Bid Proposals up to but not later than 4:00 p.m. on

Friday, June 10, 2016, for a Vending Machine Operations Contract, as further described

herein.

Proposals from interested bidders will be received at the ASC offices at the ECC South

Campus, Building 1, Room 1203. The mailing address of the corporation is: Auxiliary

Service Corporation, ECC South Campus, 4041 Southwestern Boulevard, Orchard Park,

New York 14127.

SPECIFICATIONS - Specifications are provided herein. Additional information may

be obtained from the ASC Office at the above address.

BID PROPOSAL FORM - all bid proposals must conform and be responsive to the bid

proposal documents.

THE ASC reserves the right to reject any or all bid proposals.

Auxiliary Services Corporation

Erie Community College

By: Susan Holdaway

Executive Director

Auxiliary Services Corporation

Erie Community College

Office: (716) 851-1260

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SECTION II

Introduction

The Contract.

The Auxiliary Services Corporation of Erie Community College (the ASC) seeks proposals from

vending concessionaires interested in providing and operating vending machines dispensing snacks, hot

beverages, candy, ice cream novelties and cold foods, for a three (3) year period beginning September 1,

2016 and ending August 31, 2019. Bidders should note that the final contract is expected to provide for

a renewal option allowing the ASC to elect to renew on the same or similar financial terms, for an

additional period of three years, which would extend the term of the agreement until August 31, 2022.

The College.

Erie Community College (ECC) is a two-year community college operating within the State University

of New York college system. ECC maintains three campuses situated throughout Erie County,

specifically including a North Campus located in Williamsville, New York; a South Campus situated in

Orchard Park, New York; and a City Campus located in downtown Buffalo. The address of each

campus location can be found in Exhibit A attached to this RFP. Bidders should note that the City

Campus currently includes the Burt Flickinger Athletic Center (home to numerous sporting events each

year, many conducted by third parties not affiliated with the College), as well as a location at 45 Oak

Street. Both locations are served by vending machines which will be included within the scope of

services called for by this RFP. With respect to the South Campus, bidders should note that vending

machines will also be installed at the Vehicle Tech Center located near the campus on Route 20A.

Enrollment at the College has recently varied between eleven and thirteen thousand full and part time

students in day and evening classes in each semester. The College employs approximately eight hundred

full time and one thousand part time employees, and the ASC has an additional ninety employees on

campus. The regular ECC academic calendar runs approximately from September 1 through the third

week in May each year. Summer school classes are offered Monday through Friday and typically run, in

two separate sessions, from the last week in May through the second week of August.

In addition to College athletic events, ECC permits use of its facilities by outside groups, many of them

not-for-profit groups with a broad range of participants. The College estimates that annually more than

300,000 students, employees and visitors attend class, participate in sporting or cultural events or receive

training through the College’s workforce development and corporate training divisions. The installation

of a bureau office of the New York State Department of Motor Vehicles on the College’s South Campus

has also increased the number of visitors to that campus in recent years.

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The ASC.

The ASC is a not-for-profit corporation formed and organized under New York Law and qualified as a

tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. The ASC is a support

organization to Erie Community College that provides the College community with a variety of food

services, including cafeteria, concessions and catering operations. In addition, the ASC has exclusive

rights to operate and license food and beverage vending machines pursuant to its agreement with the

College.

The ASC is currently party to a vending agreement under which a concessionaire operates vending

machines dispensing foods and snacks, hot beverages, and ice cream novelties at all College sites,

through August 31, 2016. This RFP solicits bids to continue that service. The current concessionaire

will be among the parties invited to participate in this bid.

Bidders should be aware that the ASC is a party to two related contracts, which bidders should consider

in connection with bids made in response to this RFP.

First, the ASC is party to a pouring rights agreement with a bottling company that distributes Pepsi brand

beverages, pursuant to which that company has been granted a license to maintain and operate on

campus any vending machines dispensing canned and bottled beverages through a period extending

beyond the term of the contract that will be awarded in consequence of this RFP. This request for

proposals therefore does not include the vending of canned or bottled beverages.

Second, bidders should be aware that Tim Hortons franchisees operate kiosks at one location at each of

the College’s three campuses, where hot and cold coffee and coffee-related beverages are sold. While

these are the only café kiosks currently in operation anywhere at the College, bidders should note that the

ASC reserves the right to permit the installation of additional kiosks or similar venues on other Campus

sites, as the ASC, in consultation with the College, determines to be appropriate. Neither the ASC nor

the College is currently under an obligation to permit the installation of any other kiosk or site.

Bidders are advised that the ASC will reserve its rights to install food service and concessions venues of

any type at any location on the ECC Campuses. The awarded contract will not confer exclusive rights of

any kind on the successful bidder.

Instructions for interested bidders are included in Section III of this RFP. Bid specifications are included

in Section IV. The final award will be contingent upon the execution of a contract in final form, which

will incorporate many of the terms outlined in this request for proposals.

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SECTION III

General Instructions

BID FOR: Automatic vending machine service, as further described herein, (see Sections II

and IV) at indicated locations on or near the North, South and City campuses of

Erie Community College.

Bids may be hand delivered or submitted by mail, and will be accepted at the ASC

office until June 10, 2016 at 4:00 p.m.

Please clearly mark bid envelope Vending Machine Service Bid.

The ASC reserves the right to reject any and all bids, and waive all formalities.

The bidder will be held responsible for any deviation from specifications.

Bidders are cautioned to read the specifications in Section IV carefully, and to note all

requirements and conditions therein, particularly if data is to be furnished with the bid. Data, where

required, should be submitted with the bid in sufficient detail to enable the ASC to determine whether

the bid complies with the intent of the specifications set forth in this RFP.

The concessionaire must furnish not only such apparatus, labor and material as is mentioned in

the specifications, but also any other apparatus, labor or material which is incidental or necessary to

fulfill the concessionaire’s obligations under the bid contract.

The specifications may not describe all the work and conditions, much of which is usual and

customary to vending contracts of the same general character. The concessionaire should not infer that

the lack of mention in any instance will permit omission of any work necessary to achieve successful

performance of the concessionaire’s duties under the vending agreement contemplated by this RFP.

BIDS THAT DO NOT COMPLY WITH ALL INSTRUCTIONS ARE SUBJECT TO

REJECTION, AT THE DISCRETION OF THE ASC.

This bid will be on a one (1) concessionaire basis only, with no sub-contracting by

concessionaire permitted without the express prior written consent of the ASC.

The contractor shall comply with all laws, rules and regulations of the Federal Government, State

of New York, County of Erie, and any applicable municipality, governing this class of work.

NOTE. The contract awarded in response to this bid will be limited to vending machine

locations reflected on Exhibit B. In the event that the ASC decides to install additional vending

machines at any campus sites, as a result of a physical expansion of Erie Community College or its

facilities, or for any other reason, the right to operate such additional machines shall be subject to

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separately negotiated terms. The ASC may, in such case, seek to negotiate an amendment to the contract

with the awarded vending operator, or it may elect to issue a separate Request for Proposals soliciting

bids for a separate contract governing the operation of such additional machines. In this regard, bidders

should note that the College is currently in the process of constructing a new building on its North

campus, which will constitute a significant expansion of classroom and administrative space. The

College plans to open the new building for use by January 2018, during the term of the contract to be

awarded. The ASC anticipates that food, snack and hot beverage vending machines will be placed in the

new building and bidders should note that these machines will be considered “additional” and subject to

separate terms.

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SECTION IV

BID SPECIFICATIONS

Proposals are solicited from concessionaires engaged in the business of operating automated

vending machines as described in this request for proposals. The vending machines will service the

three campuses of Erie Community College, and ancillary sites, as provided herein. Proposals should

include, at a minimum, the information concerning the bidder requested below, and must be submitted in

accordance with the instructions outlined herein. Failure to respond to information requests or failure to

observe instructions may be grounds for rejection of a proposal.

1. Commissions - The bidder should propose a commission payment indicated as a percentage of

gross receipts (less any applicable state sales tax) from the sale of all items sold through the

vending machines. The final contract will provide that commission payments will be made on a

monthly basis, and the final contract awarded to the successful bidder will require that monthly

reports be provided with commission payments, outlining sales made on a per machine basis

each month. The contract with the current concessionaire provides for payment of a guaranteed

annual minimum commission, and respondents will be expected to include a proposed

guaranteed annual commission figure as feature of their bid.

2. Products Sold and Projected Sales Prices - As indicated in the introduction, the ASC is

seeking a concessionaire who will furnish and maintain vending machines dispensing snacks,

candy and hot beverages. In addition, a limited number of ice cream and cold food machines will

be required in specified locations. (See Exhibit B.) Bidders should provide a full description of

the products they intend to make available, including, as applicable, sizes and brands. Bidders

should specify what types of cold foods will be dispensed, including sandwiches, yogurts, and

other items suitable for lunches or lights meals. Proposed prices for products must be indicated,

as well as an approval process for any price adjustments during the term of the contract.

Proposed prices are expected to be competitive selling prices for vending operations in Western

New York. The ASC would like to offer “heart healthy” and low trans-fat products through its

vending operations, and bidders should indicate the types and names of such products to be

offered. Students and the college community appreciate new and innovative products and

services, and bidders are requested to take this into consideration when responding to this RFP.

3. Excluded Products - As indicated in Section II, canned and bottled beverages will not be

included in the vending contract to be awarded in consequence of this RFP. Those products will

be dispensed by other vendors.

4. Perishables - Bidders should indicate how perishable, refrigerated and frozen foods are obtained,

prepared or supplied for vending. Indicate the type and nature of such products available. The

successful vendor will be responsible for delivering perishable products in refrigerated vehicles

in a safe and sanitary manner.

5. Operations and Experience - Each bidder should provide a description of its operations and

experience in the food and snack vending business. Describe the persons who will be involved

in performing the vending contract, indicate suppliers and offer examples, if any, of similar food

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and snack vending contracts serviced by the bidder. The ASC is particularly interested in

references involving vending services similar in scope to those to be provided at ECC campuses,

including vending contracts at other local schools and colleges where a similar variety of foods

and beverages are sold by the bidder.

6. Service - The final agreement will require the concessionaire to provide maintenance service for

the vending machines covered by the contract. Bidders should indicate their plans for providing

full-time maintenance service for vending machines during the term of the contract.

7. Refunds – Bidders must submit a policy and procedure for refunding money lost by customers

using the vending machines, and for handling customer complaints.

8. Certifications - Each bidder must execute the Bid Certification, Non-Collusion and Conflict of

Interest Affidavits attached to this RFP as Exhibits C, D and E, respectively.

9. Insurance - The successful bidder will be required to comply with the insurance requirements

outlined in Exhibit F attached to this RFP.

10. Credit History - Bidders should be aware that their credit histories and record of financial

stability will be subject to examination by the ASC during the bid process, and that the results of

such examinations may be considered by the ASC when bids are evaluated.

11. Location of Vending Machines - The ASC anticipates that the Vending Contract will provide,

inter alia, that food and snack vending machines will be placed in campus locations that will best

serve the needs of the College community and afford the best opportunities for maximizing

machine revenues, subject to any applicable health and safety regulations, outlet availability, and

campus rules and regulations. Bidders are referred to Exhibit B for information concerning the

current number and placement of vending machines on the College’s three Campuses.

12. Machine Standards - Vending machines should be in new or like-new condition, capable of

accepting cash as well as credit and debit card payments via cashless options or credit card

readers. Dollar and Five Dollar bill changers are to be provided by the vendor if not

included within the machines, at mutually agreeable locations in order to maximize sales. The

contract will provide that the vendor will make microwave ovens available wherever cold food

machines are installed, and that the vendor will clean and maintain the ovens on a regularly

scheduled basis. Bidder responses should indicate the number and anticipated placement of

microwave ovens and bill changers.

13. Security Credentials - The College requires the on-campus representatives of all vendors and

contractors to be registered with a security contractor, Green Security, LLC, which conducts

background screening and provides security credentials for such individuals. Credentials must

be obtained for any service, maintenance or other representative who will enter the

College’s campuses on behalf of a vendor. Bidders should note that the vendor awarded the

contract discussed herein will be assessed a fee of $69.00 for each credentialed representative

that services the contract on campus. Representatives will also be required to wear a security

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badge issued by Green Security while on campus. Badges cost $19.95 each. Bidders may consult

the website for Green Security (www.greensecurityllc.com) for additional information.

14. Campus Visits - Any bidders wishing to visit the ECC campuses should contact Executive

Director Susan Holdaway to schedule a visit. Ms. Holdaway may be contacted at (716) 851-

1260.

15. Proposals - All bid proposals must be responsive to the information requests contained herein

and must comply with any format requirements outlined in this RFP. Proposals which do not

comply with these requirements will be considered informal and may, in the sole discretion of the

ASC, be rejected. Conditional proposals will not be considered. Proposals should be clear, and

if appropriate, properly indexed. Required signatures must be in longhand. Completed proposals

should be without interlineations, alterations or erasures. The bidder’s full legal name must be

indicated on all proposals.

16. Execution of Forms - Each proposal, including all affidavits and certifications required by this

RFP, must be signed by a representative of the bidder authorized to execute contracts legally

binding on the bidder, and should indicate the full legal name and business address of the bidder.

Proposals submitted by partnerships must be signed in the partnership name by a general partner

with authority to bind the partnership in such matters. Proposals submitted by corporations must

indicate the legal name of the corporation and be signed by the President, or in the alternative,

another officer authorized to contractually bind the corporation. Proposals submitted on behalf

of limited liability companies must be signed by the highest-ranking manager or officer of the

company, or a substitute fully authorized to enter binding contracts on behalf of the company.

Proposals submitted by individual proprietors should be signed by the individual. The name of

each person signing shall be typed or printed below the signature space. When requested by the

ASC, satisfactory evidence of the authority of the individual signing on behalf of the bidder shall

be furnished. Bids, which do not comply with the signature requirements, may be rejected.

17. Addenda or Bulletins - Any addenda or bulletins issued by the ASC during the proposal process

shall become part of the specifications issued to bidders for the preparation of their proposals and

shall become part of this RFP. After the initial deadline for submissions, the ASC may issue

requests to bidders for further information if the ASC determines that further information is

needed to clarify or explain any portion of a bidder’s submission. Such requests for additional

information may be directed to bidders on a selective or general basis as the ASC determines.

The ASC shall have the sole and final discretion to determine when requests for supplemental

information are required, and on what basis (selective or general.)

18. Withdrawal of Proposals - Proposals may be withdrawn by bidders prior to time fixed for the

opening of bids but may not be withdrawn for a period of 45 days after the opening of proposals.

A successful bidder shall not be relieved of a proposal submitted without the consent of the

ASC.

19. Basis of Award - The decision of the ASC as to the award of the contract shall be based upon

the proposals, specific actions and qualifications of each bidder. The award shall be made to the

responsible bidder whose proposal is determined to be the most advantageous to the ASC and the

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college community it serves, based upon the evaluation of factors set forth in this RFP.

Commission rates, guaranteed annual minimum commission proposals, and proposed selling

prices, although important considerations, will not be the sole determining factors.

20. Form of Contract – This RFP is an invitation to bid, and as stated in the introduction the final

award will be contingent upon the execution of a vending contract between the ASC and the

successful bidder, which the ASC anticipates will incorporate many of the terms outlined herein.

The terms of any final agreement shall also be dependent upon bidder response to this request

for proposals.

21. Non-disclosure of Information. - Information submitted by a bidder in response to this request

for proposals shall not be disclosed at any time during or subsequent to the bid process to other

bidders or any third parties, except where deemed necessary by the ASC in its sole discretion to

facilitate the informed evaluation of submitted bids. Parties other than authorized representatives

of the ASC and Erie Community College shall not at any time be entitled to access to

information submitted by any bidder in response to this RFP unless otherwise mandated by law.

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EXHIBIT A

CAMPUS SITES

City Campus

121 Ellicott Street

Buffalo, New York 14203

(includes the Burt Flickinger Athletic Center

and the facility at 45 Oak Street)

North Campus

6205 Main Street

Williamsville, New York 14221

South Campus

4041 Southwestern Boulevard

Orchard Park, New York 14127

(includes the Vehicle Tech Center on Route 20)

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EXHIBIT B

VENDING MACHINE LOCATIONS

See Attached List

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EXHIBIT B

LOCATIONS OF FOOD/SNACK VENDING MACHINES

NORTH CAMPUS

SNACK COLD FOOD HOT BEVERAGE MICROWAVE ICE CREAM

STUDENT CENTER 1 GLEASNER HALL 1 GYM 1 BRETSCHGER HALL-

400 2 1 1 1 1 KITTINGER HALL-2ND

FL 1 TOTAL 6 1 1 1 1

SOUTH CAMPUS

SNACK COLD FOOD HOT BEVERAGE MICROWAVE ICE CREAM

BUILDING 1-2ND FL 1 BUILDING 3 -1ST FL 1 BUILDING 3 - 2ND FL 1 BUILDING 4- 1ST FL 1 BUILDING 5- 1ST FL 1 1

BUILDING 6- GYM 1 VEHICLE TECH CTR 1 1 TOTAL 7 0 2 0 0

CITY CAMPUS

SNACK COLD FOOD HOT BEVERAGE MICROWAVE ICE CREAM

BASEMENT 1 ATRIUM C 1

1

FLOOR 3 1 FLOOR 4 1 FLOOR 5 1 BURT FLICK. ATHL

CTR 1

1 45 OAK ST - 1 1 1 1

TOTAL 6 1 2 1 2

TOTAL UNITS 19 2 5 2 3

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EXHIBIT C

BID CERTIFICATION

The undersigned certifies that the bidder (check one) _____ is or is not currently debarred,

suspended or proposed for debarment by any federal, state, county, provincial or other governmental

entity or agency in the United States or Canada. The undersigned agrees to notify the Auxiliary Services

Corporation of any change in this status, should one occur, until such time as an award has been made

under this bid solicitation.

Firm Phone No.

Street Address Email Address

City State Zip Federal Employer I.D. No.

Authorized Signatory Title Date

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EXHIBIT D

NON-COLLUSION AFFIDAVIT

(Attached)

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NON-COLLUSION AFFIDAVIT

STATE OF NEW YORK

COUNTY OF ERIE SS:

____________________________ deposes and says that s/ he is _______________________of

______________________________________________ (“the Bidder”) and an officer authorized to

enter into contracts on behalf of the Bidder. The affiant hereby affirms on behalf of the Bidder:

(1) This affidavit is submitted in connection with a Request for Proposals for Vending Machine Services

issued by the Auxiliary Services Corporation of Erie Community College (“the ASC”) dated May 3,

2016.

(2) The prices and other terms bid in response to the Request for Proposals were arrived at

independently without collusion, communication or agreement for the purpose of restricting competition

as to any matter relating to such prices or other contract terms, with any other bidder or competitor; and

(3) No attempt was made by any officer or representative of the Bidder to induce any competitor or any

other party to submit or not submit a bid in response to the Request for Proposals referenced above, for

the purpose of restricting competition or interfering with the award of the contract to which this

affidavit relates.

I hereby certify under penalty of

perjury that the foregoing is true and correct.

Date Authorized Signatory:

Title:

Bidder:

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EXHIBIT E

CONFLICT OF INTEREST CERTIFICATION

(Attached)

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CONFLICT OF INTEREST CERTIFICATION

The undersigned hereby certifies the following:

1. ______________________________, (hereinafter “the Bidder”) has no affiliation with

the Auxiliary Services Corporation of Erie Community College. No director or officer of the Auxiliary

Services Corporation of Erie Community College (“the ASC”), and no relative of any director or officer

of the ASC (a) owns five percent (5%) or more of any class of stock, membership interests, or other

equity in the Bidder, or (b) is employed by the Bidder, or (c) serves as a member of the governing board

of the Bidder while deriving more than $500.00 per year in income therefrom EXCEPT as listed below

on this Certification.

2. The Bidder has no affiliation with Erie Community College, its Faculty or

Administration. No trustee or officer of Erie Community College (“the College”), no member of its

faculty or administration, and no relative of any trustee or officer of the College, or of any member of its

faculty or administration (a) owns five percent (5%) or more of any class of stock, membership interest

or other equity of the Bidder, or (b) is employed by the Bidder, or (c) serves as a member of the

governing board of the Bidder while deriving more than $500.00 per year in income therefrom EXCEPT

as listed below on this Certification.

3. The Bidder has not entered into any agreements with, or given or received compensation

of any kind (including compensation for services rendered or gifts) to or from the College, any of its

departments, representatives, employees or affiliates (including administration, faculty, or student clubs

or organizations) or the ASC, at any time within thirty-six months prior to the date of this certification

EXCEPT for such contracts or compensation as are listed below on this Certification.

4. The Bidder acknowledges and agrees that in the event it is determined that a full and

accurate disclosure as required herein has not been made, or that a material misrepresentation or

omission of fact has occurred in the execution of this Certification, any agreement for services between

the Bidder and the ASC , whether written or not, may be immediately cancelled by the ASC, without

liability on the part of the ASC, or any of its officers, employees, representatives or affiliates, for

compensatory, consequential, or incidental damages of any kind, at law or in equity. Such action by the

ASC shall be in addition to and not in limitation of any other remedies available to the ASC at law or in

equity.

5. For purposes of this certification, the term “relative” shall be defined to include the

spouse, child, stepchild, parent, step-parent, aunt or uncle, brother or sister, or the parent and/or uncle,

brother or sister of the spouse of any individual to which this certification applies.

6. The Bidder hereby discloses the following affiliations with the ASC or the College, and

discloses that is has been party to the following contracts, or given or received the following

compensation to or from the ASC or the College, as described in Paragraph 3 of this Certification, at any

time within thirty-six (36) months prior to the date of this affidavit: (If none, indicate “None” below.)

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Conflict of Interest and Compensation Certification

Page 2

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

___________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

(Attach extra sheets if necessary)

Bidder:

Authorized Signatory: ________________________ Title:_____________________

Print Name: ________________________

Date: ________________________

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EXHIBIT F

INSURANCE REQUIREMENTS

The Successful Bidder will be required to provide evidence of insurance coverage satisfying the

requirements for “Concessionaire Services” as outlined in the attached copy of County of Erie Standard

Insurance Certificate (E), subject to the modifications noted herein.

Throughout the term of the awarded contract, the successful bidder will be required to maintain

commercial general liability insurance on an occurrence basis, with limits satisfying the amounts

indicated on Certificate (E). The successful bidder will also be required to maintain automobile liability

insurance in the amounts indicated. The contract will require the successful bidder to present a

certificate evidencing the required coverage, and providing that the County of Erie, Erie Community

College and the Auxiliary Services Corporation of Erie Community College are included as

additional insureds on a primary and non-contributory basis for work or activities conducted in

connection with the contract, on the bidder’s commercial general liability and auto insurance policies.

The successful bidder will also be required to submit proof of maintenance of workers

compensation and disability insurance as indicated in Certificate (E). Note: evidence of Liquor Law

coverage (see commercial general liability coverage requirements) will not be required, as that coverage

is not relevant to the contract to be awarded.

A waiver of subrogation will be required on all lines of insurance listed above.

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