35-25 Specs - FINAL.pdf

RFP-DCP-35-25 Page 1 of 27

ATTENTION VENDORS

If you find that you are not interested in bidding/quoting this particular project, please fill in this sheet and e-mail it to:

PURCHASING@DUTCHESSNY.GOV

We are very interested in learning why you do not bid.

PROPOSAL #: RFP-DCP-35-25

TITLE: ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES

VENDOR NAME ___________________________________________________________

CONTACT ___________________________________________________________

ADDRESS ___________________________________________________________

PHONE _______________________________

E-MAIL ______________________________

For purposes of facilitating your firm’s response to our bid the County of Dutchess is interested in hearing reasons for failure to respond. If your firm is not responding, please indicate the reason by checking all appropriate items below and returning this form to the address above.

WE ARE NOT RESPONDING BECAUSE:

_____ 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

_____ Specifications are not clearly understood or applicable _____ too vague _____ too rigid

_____ Quantities too small

_____ Other mailto:PURCHASING@DUTCHESSNY.GOV

RFP-DCP-35-25 Page 2 of 27

ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES

REQUEST FOR PROPOSALS

RFP-DCP-35-25

Proposals Due

OCTOBER 1, 2025

2:00 pm

PHONE (845) 486-3670

RFP-DCP-35-25 Page 3 of 27

INSTRUCTIONS AND INFORMATION

Read all documents contained in the proposal specifications.

• Specifications and proposal forms are attached hereto.

• The County of Dutchess official bid documents are obtained from the Empire State Purchasing Group’s

Regional Bid Notification System at www.bidnetdirect.com/new-york/county-of-dutchess or, if applicable, the

Department of Public Works. Copies of bidding documents obtained from any other source are not considered official copies. In addition to obtaining the official bid documents, any and all addendum pertaining to a particular bid or RFP are posted on the same website that the official bid documents are obtained: www.bidnetdirect.com/new-york/county-of-dutchess. It is incumbent upon all potential bidders to view all posted addenda prior to the bid close date. If you have obtained this document from a source other than the County of Dutchess Purchasing Office, Department of Public Works or the Empire State Regional

Bid Notification System, it is recommended that you obtain an official copy. You may obtain an official copy by registering on the Empire State Regional Bid Notification System at www.bidnetdirect.com/new-york/county-of-dutchess or by using the link provided at www.dutchessny.gov , selecting “Government”, then selecting “Bidding and RFP Opportunities”.

• Proposals must be submitted electronically through the Empire State Purchasing Group’s Regional Bid

Notification System (BidNet Direct) Portal on or before 2:00 p.m., OCTOBER 1, 2025. Please refer to the instructions published with this RFP titled: Electronic Proposal Submittal Procedures for instructions on submitting your proposal electronically.

When submitting (uploading) a proposal electronically through the Empire State Purchasing Group’s

Regional Bid Notification System (BidNet Direct) Portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFP. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your proposal will not be received by the system. No proposals will be accepted after the designated time or date indicated in the proposal specifications.

• The following forms are necessary to be submitted as a proposal, as well as any additional forms requested in the detailed specifications:

1. CS-1 - Proposal form/price pages(s) Note: some bids may include a separate Bid Proposal

Form. Such exceptions will be noted in the proposal specification, AND/OR

2. CS-1 – Proposer Information/Acknowledgement Form, completed, signed and dated.

3. CS-2 - Non-Collusion Affidavit, completed, signed and dated.

It is not necessary to submit your copy of the technical specifications with the proposal. They should be retained by the proposer for their records.

• No proposer may withdraw a proposal within one hundred and twenty (120) days after the actual date proposals are due.

• Should the proposer find discrepancies or omissions in the specifications, he/she will notify the Purchasing

Agent, at once. The Purchasing Agent will not assume responsibility for any oral instructions, or interpretations of meaning of the specifications or other contract documents to any proposer by any person or persons.

http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.dutchessny.gov/

RFP-DCP-35-25 Page 4 of 27

INSTRUCTIONS AND INFORMATION (Cont’d)

• The Purchasing Agent, and/or his/her designee, will be the only one authorized to make changes or alterations to anything contained in these specifications. Such changes will be posted as an addendum on the following website: www.bidnetdirect.com/new-york/county-of-dutchess.

• Written questions and inquiries concerning this Request for Proposals will be submitted to Jennifer Vigars-

North at Jnorth@dutchessny.gov with a copy to Sarah Andrews at sandrews@dutchessny.gov on or before the date and time stated in the bid documents. Verbal questions will not be entertained.

• References in the specifications to a particular trade name, manufacturer’s catalog or model number are made for descriptive purposes to guide the bidder in interpreting the type and quality of materials or supplies or nature of work desired. Such descriptions should not be construed as excluding bids on other types of materials and supplies or for performing the work in a manner other than specified, providing that the materials and supplies and manner of performing the work offered are of equal quality to that specified and equally acceptable to the County of Dutchess for its purposes. Exceptions will be clearly stated. The

Purchasing Director will determine equal products or services.

• The County of Dutchess guarantees no minimum or maximum purchase.

• Proposers who are required to adhere to the prevailing wage schedule will obtain and maintain a current schedule from the New York State Department of Labor for the entire term of the contract. The County may audit adherence to this schedule at any time during or after the contract period. 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 Purchasing Agent reserves the right to reject all proposals, parts of all proposals, or all proposals for any one or more supplies or contractual services included in the proposed contract, when such rejection is in the best interest of the County.

• The County of Dutchess reserves the right to award to single or multiple vendors, in whole or in part, by item, by class, by category, or to establish primary/secondary contracts, whichever the County deems to be in the best interest of the County of Dutchess.

• The contract will be awarded to the RESPONSIBLE PROPOSER best meeting the needs of the County, based on, but not limited to:

a. Approach to the project.

b. Experience in meeting the needs of the project (examples should be submitted with the proposal).

c. Experience working with other entities (references will include client name, contact person, phone number and description of project).

d. Ability to provide services in a timely manner, meeting established project deadlines, including a strategy of key activities and ability to meet target schedule.

e. Proposed cost.

And who has demonstrated judgment and integrity, is of good reputation, experienced in his work, whose record of past performance in the trade is established as satisfactory, and whose financial status is such to provide no risk to the County of Dutchess in its contractual relations.

• The County reserves the right to require supplementary financial or other information from all bidders to assist in determining the qualifications of bidders.

http://www.bidnetdirect.com/new-york/county-of-dutchess mailto:Jnorth@dutchessny.gov mailto:sandrews@dutchessny.gov

RFP-DCP-35-25 Page 5 of 27

• Upon acceptance of any proposal, the successful proposer will execute a contract, if applicable, in accordance with the specifications, with the County of Dutchess, State of New York.

• A contract will not be assignable by the contractor in whole or in part without the written consent of the

County of Dutchess.

• All or any Dutchess County department may participate in the resulting contract(s). Each ordering agency will be invoiced directly for their orders and will receive shipments at their designated locations.

• The County of Dutchess reserves the right to allow other governmental entities, to purchase any goods and/or services awarded as a result of this proposal. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the County of Dutchess and the vendor. Dutchess County will have no responsibility in the dealings between the vendor and any other governmental entity other than Dutchess County.

• Prior to any vendor receiving payment for goods and/or services rendered, the County of Dutchess requires that all vendors have a current completed IRS form W-9 on file with the County of Dutchess finance department.

• A contract will be deemed in force only to the extent of appropriations available to each department for the purchase of such articles or services. The County’s extended obligations on those contracts that envision extended funding through successive fiscal periods will be contingent upon actual appropriations for the following years.

• By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law

• Dutchess County encourages submission of Proposals by certified Minority and/or Women-Owned Business

Enterprises (MWBE) and/or Disadvantaged Business Enterprises (DBE).

• The County is encouraging the use of electronic payment (via ACH) to entities that it does business with.

Any awarded vendor will be requested to receive payments through an ACH.

• CONFIDENTIAL/TRADE SECRET INFORMATION

The County of Dutchess is subject to New York State’s Freedom of Information law (FOIL). Should your submission, to this RFP, contain “trade secrets”, or other information that the disclosure of which could reasonably be expected to be harmful to business interests, you will ensure that such information is clearly identified and marked as such. Identification will be specific by item or paragraph.

Should marked information be the subject of a request under FOIL, you may be requested either to consent to the request or make representation explaining why the information should not be disclosed.

http://web2.westlaw.com/find/default.wl?mt=NewYork&db=1000138&rs=WLW12.04&docname=NYSFS165-A&rp=%2ffind%2fdefault.wl&findtype=L&ordoc=989815866&tc=-1&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=T&pbc=AF0B0C7B&referenceposition=SP%3b236f00000e5f2&utid=1

RFP-DCP-35-25 Page 6 of 27

• GRIEVANCE AND PROTEST PROCEDURES:

1. Any protest to the Division of Central Services’ consideration of any bid must be submitted in writing to the address listed below and received by the Director of Central Services no later than five (5) calendar days after the bid award. A written reply to the protest will be sent to the protesting bidder by the Director of Central Services.

Address:

Richard W. Mayfield

Director, County of Dutchess Office of Central and Information Services

Division of Central Services

378 Violet Avenue, Suite 2

Poughkeepsie, NY 12601

2. The protest will contain:

▪ Identification of the statute or procedure that is alleged to have been violated;

▪ A precise statement of the relevant facts;

▪ Identification of the issues to be resolved;

▪ Aggrieved party’s argument and support documentation.

Any notice of protest received after the deadline will not be considered.

• NOTE: VARIATIONS AS STATED IN THE BID SPECIFICATIONS TAKE PRECEDENCE

OVER THIS INSTRUCTIONS AND INFORMATION SECTION.

Date: SEPTEMBER 2, 2025

RFP-DCP-35-25 Page 7 of 27

REQUEST FOR PROPOSALS

1.0 INTRODUCTION

Dutchess County is seeking to retain a qualified firm or firms to provide professional architectural services as described herein for various County projects including, but not limited to: minor new construction, reconstruction and retrofit, repair and maintenance design. This Request for Proposals (RFP) is intended to help the County select a qualified and experienced consultant firm or firms. Dutchess County may make multiple contract awards from responding firms, based on experience and area of expertise. While

Dutchess County anticipates a need for these services, there is no guarantee made that assignments will be made under this agreement.

2.0 SCOPE OF SERVICES

This contract involves providing the following professional services on an on-call basis. Often the work will be assigned on short notice and with an expedited performance schedule. Disciplines and work tasks as authorization to commence work required may include, but may not be limited to:

2.1 Preliminary design

2.1.1 Create idea/schematic sketches.

2.1.2 Create schematic alternates.

2.1.3 Provide schematic cost estimates.

2.2 Design sketches

2.2.1 Create sketches of simple design for in-house repair/reconstruction.

2.2.2 Create sketches developing schematic concepts.

2.2.3 Provide cost estimates.

2.3 Construction documents

2.3.1 Produce construction documents for minor projects suitable for in-house construction or contracted services.

2.3.2 Provide cost estimates for construction documents.

2.4 Bid documents

2.4.1 Produce bid documents ready for RFB (or RFP) for small to medium sized projects.

2.4.2 Assist in proposal/bid evaluations as requested.

2.4.3 Provide cost estimates for projects being bid.

2.5 Construction management

2.5.1 Provide construction oversight (management, inspection, testing oversight, testing contracting).

2.5.2 Review submittals.

2.5.3 Provide revision sketches as required.

2.5.4 Provide document management and closeout as requested.

RFP-DCP-35-25 Page 8 of 27

2.6 Professional consultation

2.6.1 Address questions about codes and compliance.

2.6.2 Provide input for product options.

2.6.3 Provide guidance for design/materials options.

2.6.4 Respond to general building/architectural questions/issues.

2.6.5 Provide guidance on historic preservation issues.

2.6.6 Provide SEQR input and guidance.

2.7 Presentation documents

2.7.1 Provide presentation quality documents for County designed or firm designed projects -electronic and hard copy.

2.7.2 Provide 3-D imaging, as requested.

2.7.3 Provide 3-D animation of designs, as requested.

3.0 ASSIGNMENT OF WORK

This RFP will be used for assigning work with a fee up to $150,000. Work with a fee of less than

$20,000.00 will be assigned at the discretion of the County. For fee work between $20,000.00 and

$39,999.00 at least three (3) quotes will be required/requested. For fee work between $40,000 and $150,000 quote requests will be sent to ALL awarded contractors. For fee work in excess of $150,000 a project specific RFP will be issued.

Dutchess County Department of Public Works (DCDPW) Buildings Division will outline the objectives for each work task to be assigned. The consultant will prepare a task-specific scope of services and schedule for each assigned work task, including cost, for County review. Once scope and costs are finalized, the

Commissioner of Public Works or his designee will issue an Assignment Letter as authorization to commence work.

No work is guaranteed under any contract awarded until a work Assignment Letter is issued in writing by the County.

The County reserves the right to issue RFP’s for any work it feels is in the best interest of the County.

The awarded firm(s) may also be used for assigning urgent or emergency work under a declared emergency.

4.0 PROJECT ORGANIZATION

The successful firm(s) will provide a professional staff experienced in the services listed above and assume responsibility for all tasks performed by the firm(s), including their subcontractors and subconsultants. The firm(s) will be expected to utilize staff as described in the proposal. For assignments that require specialized services not included within the proposal, the firm or team will be permitted to propose subcontractors or subconsultants for the particular assignment. The subcontractors or subconsultants must be approved by DCDPW Buildings Division.

The firm(s) must not make substitutions of proposed sub-consultant(s) unless requested in writing, with justification, and granted written approval by the County. Specialty service sub-consultants may be added, with County approval, if necessary, during project performance.

RFP-DCP-35-25 Page 9 of 27

5.0 PROJECT DIRECTION

Primary interface of the selected consultant with Dutchess County will be through the Commissioner of

Public Works or his designee from the Department of Public Works Building Division. The Commissioner of Public Works and Buildings Division staff will be responsible for the coordination and acceptance of the selected consultant’s work.

6.0 PROPOSAL SUBMISSION REQUIREMENTS

Proposals must be submitted electronically through the Empire State Purchasing Group’s Regional Bid

Notification System (BidNet Direct) Portal on or before 2:00 p.m., OCTOBER 1, 2025. Please refer to the instructions published with this RFP titled: Electronic Proposal Submittal Procedures for instructions on submitting your proposal electronically.

When submitting (uploading) a proposal electronically through the Empire State Purchasing Group’s

Regional Bid Notification System (BidNet Direct) Portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFP. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your proposal will not be received by the system. No proposals will be accepted after the designated time or date indicated in the proposal specifications.

All costs associated with the preparation of a proposal in response to the RFP will be the responsibility of the proposer submitting the proposal. The County of Dutchess will not be responsible for any expenses in the preparation and/ or presentation of the proposal.

It is incumbent upon each proposer to address any and all requirements as detailed below. Proposals lacking complete documentation may be deemed non-responsive. Failure to comply with the instructions in this section of the RFP or failure to include items specified in this section of RFP, may be deemed non-responsive.

Both the Technical and Cost Submittals combined must not exceed twenty (20) pages - 12 point font -, not including resumes.

6.1 TECHNICAL PROPOSAL REQUIREMENTS

Provide the following as part of your technical proposal:

6.1.1 Project Understanding and Approach – Four pages maximum. Areas to be addressed must include:

6.1.1.1 The firm’s willingness to provide the required services. If the proposal is for specialty services only, it must clearly state what services are being offered.

6.1.1.2 A description of the firm’s proposed project approach and understanding emphasizing the ‘on-call’ nature of the work.

6.1.1.3 The firm’s capacity to meet project deadlines based on an assessment of current and projected workload, recognizing the on-call, as-needed nature of the contract.

6.1.1.4 The qualifications and availability of Key Personnel.

6.1.2 Staffing Table – One page, showing organization of proposed staff for prime consultant and sub-consultants. The proposal should name the proposed overall project manager and

RFP-DCP-35-25 Page 10 of 27 indicate at what staff level the individual work assignments will be managed. The firm must not make substitutions of proposed sub-consultant(s) unless requested in writing, with justification, and granted written approval by the County. Specialty service sub-consultants may be added, with County approval, if necessary, during project performance.

6.1.3 Resumes for up to five (5) key staff members proposed for the project by the prime firm and no more than three (3) for each proposed sub-consultant.

6.1.4 Provide no more than ten (10) past projects and include contact information for reference checking purposes.

6.2 COST PROPOSAL REQUIREMENTS

Cost Proposals are to be uploaded as a separate document from your Technical Proposal in your RFP response submission. Please refer to the separate attachment titled: Electronic Proposal Submittal

Procedures for instructions on submitting your proposal electronically. Inclusion of any cost or pricing data within the Technical Proposal may result in your proposal being deemed non-responsive.

The Cost Proposal must include the following information:

6.2.1 A direct technical salary roster outlining average staff salary rates for year one (1) and year two (2) by title. Provide a sample listing of typical out of pocket charge rates for printing, mileage, field testing (for testing firms), etc. Include the firm(s) proposed overhead and fixed fee rates.

All reimbursable expenses must be included in the proposal amount, not as additional costs.

6.3 ADDITIONAL REQUIRED COMPLETED DOCUMENTATION/FORMS

6.3.1 Proposal Submission Checklist.

6.3.2 Proposer Information/Acknowledgement Form (CS-1).

6.3.3 Non-Collusion Affidavit Form (CS-2).

6.3.4 Statement of Understanding of Indemnification and Insurance Requirements (Attachment

A).

6.3.5 Addenda Acknowledgment Form (Attachment B) – if applicable.

7.0 EVALUATION PROCESS

Proposals submitted will be evaluated by a review committee. The review committee will review and evaluate each of the proposals using the criteria described below. Each reviewer will rank each proposal according to the criteria. The reviewers will then convene to review and discuss these evaluations.

The County reserves the right to seek clarification of information submitted in response to this RFP, request additional information and/or request interviews or presentations during the evaluation process.

The County reserves the right to reject any or all proposals or parts of proposals.

RFP-DCP-35-25 Page 11 of 27

8.0 EVALUATION CRITERIA

Every proposal submitted will be reviewed in accordance with the following criteria, listed in order of importance:

8.1 Experience, Qualifications and Availability of Key Personnel

8.2 Experience of firm or team in providing proposed service(s)

8.3 Project Understanding and Approach

8.4 Fairness and Reasonability of Cost

9.0 AWARD

The County reserves the right to make multiple awards with regards to this RFP if it is determined to be in the best interest of Dutchess County.

The County of Dutchess reserves the right to accept any submittal and/or parts thereof and/or to reject any and all submissions, or to waive any minor irregularities in the submissions if it is determined to be in the best interest of Dutchess County.

The award of a contract is contingent upon the successful execution of the formal contract agreement.

All or any Dutchess County department(s) may participate in the resulting contract(s). Each ordering agency will be invoiced directly for their orders and will receive shipments and/or service at their designated locations.

10.0 CONTRACT TERM

All proposals will be predicated on a period of performance commencing upon full execution of a contract with the selected consultant(s). The On-Call Services Agreement will commence on or about

December 1, 2025, and will be for an initial period of two (2) years. This agreement may be extended for up to three (3) additional one (1) year periods, upon such terms and conditions as the parties may agree and as funding allows.

At the end of the expiration period, should any assignment be incomplete, an additional extension for the necessary amount of time may be granted to complete those assignments. No new work or scope may be assigned under this additional extension.

While Dutchess County anticipates a need for these services, there is no guarantee made that assignments will be made under this agreement.

11.0 CONTRACT AND INSURANCE REQUIREMENTS

The successful Contractor will be required to enter into a formal contract agreement with the County of

Dutchess, which includes specific insurance coverage. See the Standard Contract Agreement (Attachment

C). Indemnification requirements can be found in paragraph 6 and insurance requirements can be found in paragraph 10 of the Standard Contract Agreement. Proposer’s must acknowledge the insurance requirements by signing the “Statement of Understanding of Indemnification and Insurance Requirements” see Attachment A. Insurance certificates must be submitted and approved by Dutchess County before the contract can be fully executed. Any inquiry regarding the contract and insurance requirements must be submitted in accordance with the section titled QUESTIONS.

RFP-DCP-35-25 Page 12 of 27

12.0 OWNERSHIP OF WORK PRODUCT

All work products including digital forms produced or created by the firm as a result of or related to the performance of work or services under this RFP proposal will be the property of Dutchess County.

13.0 PRICE ADJUSTMENT

Any requests for reasonable price adjustments must be submitted in accordance with this section.

A Price Adjustment request must be made in writing and include the reason for the request, documentation supporting the request (i.e., commodity increases), the current pricing, and the requested revised pricing.

There is no guarantee the County will accept a Price Adjustment; therefore, Contractor/Supplier should be prepared for the pricing to be firm over the Term of the Agreement. The County is only willing to entertain Price Adjustments based on an increase to Contractor’s/Supplier’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement.

The Director of Purchasing may use available indexes (i.e., CPI, PPI and/or prevailing wage rate percentage increases) to determine if the requested Price Adjustment is reasonable. Typically, a Price

Adjustment that exceeds 5% will not be approved unless very unusual and significant changes have occurred in the industry.

If the County agrees to the Price Adjustment, the County shall issue written approval of the change. If the request is not accepted, the County may entirely reject the request or may counter with revised pricing.

In the event industry costs decline, the County shall have the right to receive, from the Contractor, a reasonable reduction in prices/pricing that reflect such cost changes in the industry. The County will make a written request to the Contractor for a Price Adjustment in writing with supporting documentation.

14.0 QUESTIONS

Submit questions pertaining to this RFP, including any inquiries related to contract and insurance requirements, by email to Jennifer Vigars-North at jnorth@dutchessny.gov with a copy to Sarah Andrews at sandrews@dutchessny.gov no later than 5:00pm (EST) on Wednesday, September 17, 2025. All answers to the submitted questions will be posted as an addendum on the following website:

https://www.bidnetdirect.com/new-york/county-of-dutchess.

PROPOSERS MUST CHECK THIS WEBSITE REGULARLY FOR ADDENDUM, WHICH

MAY INCLUDE SIGNIFICANT CHANGES TO THE RFP SPECIFICATIONS.

mailto:jnorth@dutchessny.gov mailto:sandrews@dutchessny.gov https://www.bidnetdirect.com/new-york/county-of-dutchess

RFP-DCP-35-25 Page 13 of 27

PROPOSAL SUBMISSION CHECKLIST

Proposal #RFP-DCP-35-25

Company Name:

This proposal submission checklist MUST be completed and submitted with your response, to assure compliance with all required documentation.

Proposer’s who fail to provide all of the following items, may be deemed as non-responsive:

Check if included Proposer’s Submission Includes the following:

Completed Proposal Submission Checklist (this document).

Completed and signed Proposer Information / Acknowledgment Form (CS-1).

Completed and signed Non-Collusion Affidavit Form (CS-2).

Information and Documentation to completely satisfy all items outlined in Section 6.1 Technical

Proposal Requirements and 6.2 Cost Proposal Requirements.

Completed and signed Statement of Understanding of Indemnification and Insurance Requirements

(Attachment A)

Completed and signed Addenda Acknowledgment Form (Attachment B) – If applicable.

Proposals must be submitted electronically through the Empire State Purchasing Group’s Regional

Bid Notification System (BidNet Direct) Portal on or before 2:00 p.m., OCTOBER 1, 2025. Please refer to the instructions published with this RFP titled: Electronic Proposal Submittal Procedures for instructions on submitting your proposal electronically.

THIS FORM MUST BE INCLUDED IN PROPOSAL SUBMITTAL. IF NOT INCLUDED,

PROPOSER MAY BE DEEMED NON-RESPONSIVE.

RFP-DCP-35-25 Page 14 of 27

COUNTY OF DUTCHESS

Division of Central Services

PROPOSER INFORMATION/ACKNOWLEDGEMENT FORM

The undersigned, having carefully examined the appropriate specifications, #RFP-DCP-35-25 dated

OCTOBER 1, 2025, does hereby agree to furnish and deliver to the County of Dutchess, Poughkeepsie, New York, the proposed items/services at the price(s) indicated in Proposal Submission:

Full Legal Name of

Company Submitting RFP:

Street Address:

Mailing Address:

City: __________________________________________ State:______ Zip:

Contact Name:

Phone Number: ( ) Fax Number: ( )

E-Mail Address: Web Address:

Federal ID Number: _ Unique Entity Identifier #(UEI):_____________________

Name of Authorized Official Submitting Proposal:

(Please Print or Type)

Signature of Authorized Official Submitting Proposal:

Date: ________________

NOTE: By signing and submitting this proposal for consideration by the Dutchess County Division of

Central Services, the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration.

CS-1

RFP-DCP-35-25 Page 15 of 27

NON-COLLUSION AFFIDAVIT

Bid #RFP-DCP-35-25

As required by Section 103-d of the New York State General Municipal Law, the bidder certifies under the penalties of perjury that:

(a) “By submission of this, 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 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 not to submit a bid for the purpose of restricting competition.”

Signed

By

(President or Authorized Representative)

Dated ___________________

Bid submitted by: Name:

Address:

Phone:

Fax #:

Email:

CS-2

RFP-DCP-35-25 Page 16 of 27

ATTACHMENT A

STATEMENT OF UNDERSTANDING OF

INDEMNIFICATION AND INSURANCE REQUIREMENTS

FOR

RFP-DCP-35-25

I (We) have read the Indemnification and Insurance Requirements cited in the subject Request for Proposal and understand the obligations thereof. These requirements have been reviewed with our insurance agent and/or legal counsel and it was determined that the Indemnification and Insurance requirements are acceptable. Upon receipt of a designation from the County of Dutchess to perform the services described in the subject RFP, I

(we) intend to enter into an agreement with the County of Dutchess that will include the Indemnification and

Insurance requirements as stated within the RFP.

Full Legal Name of Company:____________________________________________________________

Street Address:

City: _________________________ State: ________________ Zip: __________________

Name of Authorized Official Submitting Proposal:

(Please Print or Type)

Signature of Authorized Official Submitting Proposal:

Date: ________________

THIS COMPLETED FORM MUST BE INCLUDED WITH YOUR SUBMITTAL

RFP-DCP-35-25 Page 17 of 27

ATTACHMENT B

ADDENDA ACKNOWLEDGMENT FORM

Bidder/Proposer acknowledges receipt of the following addenda to RFP-DCP-35-25:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Failure to acknowledge receipt of all addenda may deem the Bidder/Proposer as non-responsive.

Full Legal Name of Company Submitting Bid/Proposal:

Authorized Signature:

Title:

Date:

RFP-DCP-35-25 Page 18 of 27

ATTACHMENT C

AGREEMENT

THIS AGREEMENT, bearing the date set forth on the signature page, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York, 12601 (hereinafter referred to as the "COUNTY" or "we" or "us") and XXXXXXXXXXXXXXXXXXXXXX (hereinafter referred to as the "CONSULTANT" or "you" or "your" or "it") whose address is XXXXXXXXX, XXXXXXXXX, XX XXXXX.

It is mutually agreed by and between the parties hereto as follows:

1. SCOPE OF SERVICES:

Scope of Services for Project: The Project is RFP-DCP-XX-XX. The Consultant agrees to perform in a manner that is acceptable to the County, consistent with professional standards of care, and in strict compliance with all applicable federal, state, and local laws, regulations and procedures, the services set forth in Proposal RFP-DCP-XX-XX and any Addenda for the Project in accordance with amounts specified in "Exhibit A", a copy of which is annexed hereto and made a part hereof. The Proposal and any Addenda that have been issued in connection with the Project, insurance documentation and all provisions required by law to be inserted in the Agreement, whether actually inserted or not are incorporated by reference and made a part of this Agreement. If any term of the Scope of Services contradicts or creates an ambiguity with any term of this Agreement, this Agreement shall govern.

No Work shall be performed prior to written authorization by letter, entitled Assignment Letter, from the Commissioner of Public Works or designee.

The Commissioner or authorized representative will contact the Consultant with a request for as needed services that describe the anticipated need. The Consultant will develop a proposed task description and scope, and a proposed effort level and cost, which the Commissioner or designee will review. Once the task scope and cost are determined and agreed upon, the Commissioner or designee will issue an Assignment letter to the Consultant authorizing work to begin. In emergency circumstances, the Commissioner or designee may issue authorization to begin work before the scope and cost are finalized.

This Agreement will be used for assigning work with a fee up to $150,000. Work with a fee of less than $20,000 will be assigned at the discretion of the County. For fee work between $20,000 and $39,999 at least three (3) quotes will be required/requested. For fee work between $40,000 and $150,000 quote requests will be sent to ALL awarded Contractors. For fee work in the excess of $150,000 a project specific RFP will be issued.

2. TERM OF AGREEMENT:

This Agreement shall be effective XXXXXXXX XX, XXXX, and shall terminate on XXXXXX XX, XXXX, unless otherwise terminated as set forth herein.

3. EXTENSION:

This Agreement may be extended for three (3) additional one (1) year terms upon such terms and conditions as the parties may agree.

4. PAYMENT:

The full and complete consideration paid to the Consultant will be determined pursuant to a solicitation process in connection with each individual assignment. Assignments will include specific scope costs and schedules and shall be issued in writing. Documentation will be provided to the Departments of Law and Finance and the Comptroller’s Office once an agreement has been reached between the

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Commissioner of Public Works or his designee and the Consultant concerning the scope and compensation for each individual project.

Payment requests for Assignments based on contract rates shall include Location of Project, Consultants Payroll, Timesheets, and Percentage of Work Completed. (For each assignment).

Payment requests for Assignments based on tasks shall have the Tasks listed Task amount, amount completed, amount billed this term, % complete for each task.

Invoices may be emailed to dpwacctspayable@dutchessny.gov or mailed to Dutchess County, 626 Dutchess Turnpike, Poughkeepsie, NY 12603.

Payment of the above consideration shall be made to the Consultant on submission of statements in a form satisfactory to the County. All lawful or proper directives in connection with the work, materials or other contract requirements issued by the Commissioner of Public Works or his/her designee, must be satisfactorily complied before any contract payment is processed by the County. No payment shall be made prior to audit and approval by the County.

The Consultant agrees to pay its Sub-Consultant(s) for satisfactory performance of their contracts no later than seven (7) calendar days from receipt of each payment from the County.

END OF YEAR BILLING: The Consultant shall advise the County in writing of all outstanding billing for each year of the Agreement term on or before January 30th. The Consultant shall submit all invoices to the County on or before February 5th. The Consultant’s failure to comply with the County’s end of year billing procedures outlined herein may result in the invoices not being paid.

5. INDEPENDENT CONSULTANT STATUS:

You agree that you are an independent Consultant and that you and your employees shall not represent to anyone that you or they are an employee or officer of the County. You also understand and agree that neither federal, state, nor local income tax nor payroll tax of any kind shall be withheld or paid by the County on your behalf or on behalf of any of your employees; that you and your employees are not eligible for, and shall not participate in, any employee pension, health, retirement or other fringe benefit plan of the County; that no workers’ compensation insurance shall be obtained by the County for you or for any of your employees; that you and your employees shall make no claim against the County for these or any other benefits or rights or privileges of any officer or employee of the County.

6. INDEMNIFICATION:

The Consultant agrees to the fullest extent permitted by law to defend, indemnify, and hold the County and its employees harmless from any and all such losses, claims, liens, demands and causes for action, including but not limited to, judgments, penalties, interest, court costs, and legal fees incurred by the County on behalf of any party, in connection with or arising from the Consultant’s work. The Consultant shall investigate, handle, respond to and defend any such claims, demands or suits at its sole expense, and shall bear all other related costs and expenses even if such claims, demands, or suits are groundless, false, or fraudulent. This indemnification section shall survive the expiration or termination of this Agreement.

In any matter in which indemnification hereunder would violate Section 5-322.1 of the New York General Obligations Law or any other applicable legal prohibition, the foregoing provision shall not be construed to indemnify the County for damage arising out of bodily injury to persons or to property caused by or resulting from the sole negligence of Dutchess County employees. The term “employee” shall include all officers, advisory board members and/or volunteers serving the County."

7. AUDIT:

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Consultant shall maintain an accounting system that enables the County to readily identify assets, liabilities, revenues, expenses, and disposition of County funds. Records should include, but not be limited to, those kept by the Consultant, its employees, agents, assigns, and Sub-Consultants.

All vouchers or invoices presented for payment to be made hereunder, and the books, records, and accounts upon which the vouchers or invoices are based are subject to review by the responsible department and audit by the County Comptroller. Consultant shall submit any and all documentation and justification in support of expenditures or fees under this Agreement as may be required by the County.

The audits may include examination and review of the source and application of all funds from the county, state, or federal governments. Consultant shall not be entitled to any interim or final payment under this Agreement, and any overpayment may be recouped, if any audit requirements and/or requests have not been satisfactorily met or if any expenditures or fees by the Consultant are determined to be irregular by the auditor. This paragraph shall survive the termination of the Agreement.

8. SEVERANCE PAY:

The County Shall Not Be Charged for Severance Pay Incentives. The County is aware that from time-to-time contract agencies engage in programs such as early retirement plans which reward employees with a severance payment as an incentive toward voluntary resignation. The County of Dutchess is prohibited by the New York State Constitution from making a gift of public funds and such severance pay incentives amount to such a gift. Therefore, notice is hereby given that County funds shall not be used for the purpose of a severance pay or any such incentive. If an audit of payments made under this contract reveals that such payments have been made, the Consultant shall immediately reimburse the County for the full amount with interest upon receipt of a written demand from the County. In addition, the County may declare this agreement null and void.

9. CONSULTANTS OBLIGATIONS POST TERMINATION WITH OR WITHOUT CAUSE:

Upon termination of this Agreement, Consultant shall: (1) cooperate with the County to develop a transition plan and assist in affecting an orderly transfer of services and obligations to any successor Consultant(s) so as to prevent any disruption in services; (2) provide County with access to and a copy of, all books, records and other non-proprietary documents including, but not limited to digital records, relating to the performance of services under this Agreement that are required or requested, at no charge; and if so directed by the County, (3) continue to perform such services prior to actual termination at the agreed upon contractual rate for up to an additional one hundred twenty (120) days following the notice of termination. The obligations of this paragraph shall survive the termination of this Agreement whether the agreement is terminated for cause or terminated for convenience.

10. INSURANCE REQUIREMENTS:

At all times during the term of this Agreement, the Consultant, and his sub-Consultants, if any, shall maintain at his own cost the following insurance and shall provide proof thereof to the County, in the form of a Certificate of Insurance, prior to commencing work under this Agreement:

I) Worker’s Compensation Employer’s Liability (statutory limits). In compliance with the Workers’

Compensation Law of the State of New York, each Consultant shall provide:

a. Certificate of insurance on an Acord form indicating proof of coverage for Worker’s Compensation, Employer’s Liability, OR

b. A New York State Workers Compensation Notice of Compliance (Form C-105, Form U-26.3, Form

SI-12 or Form SI-105.2P).

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• If the workers compensation Notice of Compliance is used instead of the Acord certificate of insurance, the Notice of Compliance must indicate that a waiver of subrogation in favor of the

County of Dutchess is provided.

c. In the event that the Consultant is exempt from providing coverage, they must provide a properly executed copy of the Certificate of Attestation of Exemption from NYS Workers' Compensation

Board, Form CE-200.

d. A Certificate of participation in a self-insurance program. The department responsible for the implementation of the Agreement will obtain verification from the Director of Risk Management for those municipalities participating in the Dutchess County Self-Insured Plan.

II) Commercial General Liability

a. Insurance coverage including blanket contractual coverage for the operation of the program under this Agreement with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

b. This insurance shall be written on an occurrence coverage form and include bodily injury and property damage liability.

c. The County must be listed as additional insured.

• The additional insured endorsement for the Commercial General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations.

III) Automobile Liability

a. Insurance coverage for all owned, scheduled, hired, and non-owned vehicles with a combined single limit of liability of not less than $1,000,000.

b. This insurance shall include coverage for bodily injury and property damage.

c. The County must be listed as additional insured.

IV) Excess/Umbrella Liability

a. With limits not less than $5,000,000 per occurrence with a $5,000,000 aggregate.

b. The County must be included as additional insured.

c. The umbrella/excess policy is primary and noncontributory and must contain a waiver of subrogation in favor of the County of Dutchess.

V) Professional Liability

a. With limits not less than $1,000,000 per occurrence; $3,000,000 in the aggregate.

b. In the event of expiration or termination of this Agreement, each party hereto shall either maintain the above-mentioned insurance coverage for a period of not less than three (3) years or shall provide an equivalent extended reporting endorsement (commonly known as a “tail policy”).

VI) The Acord form certificate of insurance must contain the following provisions:

a. The County of Dutchess must be listed as certificate holder and additional insured on the commercial general, umbrella/excess, and automobile liability policies.

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County of Dutchess

22 Market Street

Poughkeepsie, NY 12601 b.In addition, the commercial general liability policy must include the additional insured endorsement forms cg 2037 July 2004 edition and the cg 2010 April 2013 edition or their equivalent.

c. The commercial general and automobile policies are primary and noncontributory.

d.The commercial general liability, auto liability and workers compensation policies must contain a waiver of subrogation in favor of the County of Dutchess.

e. The umbrella/excess policy is primary and noncontributory and must contain a waiver of subrogation in favor of the County of Dutchess.

VII) All policies of insurance referred to above

a. Shall be underwritten by companies authorized to do business in the State of New York with an A.M.

Best financial strength rating of A- or better.

• In the alternative, the policies of insurance referred to above may be underwritten by non-Admitted companies with an A.M. Best financial strength rating of A+ or higher.

b. In addition, every policy required above shall be primary and noncontributory.

c. Any insurance carried by the County, its officers, or its employees shall be excess and noncontributory insurance to that provided by the Consultant.

d. The Consultant and his Sub-Consultants(s), if any, shall be solely responsible for any deductible losses under each of the policies required above.

VIII) Payment(s) to the Consultant may be suspended in the event the Consultant and his sub-Consultant(s), if any, fails to provide the required insurance documentation in a timely manner.

IX) Prior to cancellation or material change in any policy, a thirty (30) day notice shall be given to the County

Attorney at the address listed below:

Dutchess County Attorney

County Office Building 22 Market Street

Poughkeepsie, New York 12601

a. On receipt of such notice, the County shall have the option to cancel this Agreement without further expense or liability to the County, or to require the Consultant to replace the cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the County.

• Failure of the Consultant to take out or to maintain, or the taking out or the maintenance of any required insurance, shall not relieve the Consultant from any liability under this Agreement nor shall the insurance requirements be construed to conflict with or to limit the obligations of the

Consultant concerning indemnification.

b. All losses of County property shall be adjusted with and made payable directly to the County.

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c. All Certificates of Insurance shall be approved by the County’s Director of Risk Management or designee prior to commencement of any work under this Agreement.

d. In the event that claims in excess of these amounts are filed in connection with this Agreement, the excess amount or any portion thereof may be withheld from payment due or to become due the

Consultant until the Consultant furnishes such additional security as is determined necessary by the

County.

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