Bid Notice.pdf

NIAGARA COUNTY

DEPARTMENT OF MANAGEMENT & BUDGET

DIVISION OF PURCHASING

Philo J. Brooks County Office Building First Floor - Park Avenue Entrance 59 Park Avenue Lockport, New York 14094-2740

REQUEST FOR PROPOSAL

2026-58

Telephone: 716-439-7200 Fax: 716-439-7205

On Demand Fencing Services for

Niagara County Department of Public Works

The Niagara County Department of Management & Budget, Division of Purchasing will receive and publicly open the proposals in the First Floor Conference Room of the Philo J. Brooks County Office Building on:

October 1, 2026 at 2:30 PM

The County of Niagara reserves the right to reject in whole or in part any and all bids and proposals.

One (1) original and one (1) electronic copy on a flash drive shall be submitted to:

NIAGARACOUNTY

DEPARTMENT OF MANAGEMENT & BUDGET

DIVISION OF PURCHASING

Philo J. Brooks County Office Building First Floor - Park Avenue Entrance 59 Park Avenue Lockport, New York 14094-2740 Phone: (716) 439-7201 Fax: (716) 439-7205

The original copies shall be identified on the outside cover as the "Origina1". Each copy should be marked “Copy".

Proposals received at the County Purchasing Department after the submission deadline shall be returned unopened and will not be considered. The County is not responsible for delivery delays and the clock at the County Purchasing Department shall indicate the official time of receipt. Facsimile or electronically mailed proposals are not acceptable and will be rejected.

ATTENTION!!!

Clearly mark envelope "RFP 2026-58 – On Demand Fencing Services" on the outside of the proposal envelope. Failure to do so may necessitate the premature opening of the proposal which may compromise its confidentiality.

The total number of pages contained in this Request for Proposal should be 33. If any pages are missing, please contact the Niagara County Purchasing Department.

Niagara County Department of Management & Budget/ Division of Purchasing On Demand Fencing Services for Niagara County Department of Public Works

RFP 2026-58

LEGAL ADVERTISEMENT

Legal Notice

Sealed Proposals will be received at the Niagara County Department of Management & Budget, Division of Purchasing, Philo J. Brooks County Office Building, 59 Park Avenue, Lockport, New York 14094, and said proposals will be opened at the same address for:

RFP 2026-58: On Demand Fencing Services for Niagara County Department of Public Works at 2:30 PM on October 1, 2026

Late proposals will be returned, unopened to contractor. All proposals shall be accompanied by a non-collusion statement in order to be considered. The Request for Proposal, (RFP) is available at no charge and must be downloaded at https://www.bidnetdirect.com/new-york. Vendors will need to register before downloading. Questions regarding this bid may be directed to Division of Purchasing, Philo J. Brooks County Office Building, 59 Park Avenue, Lockport, New York 14094, at 716-439-7210, Monday through Friday between the hours of 8:30 am and 4:00 pm.

Proposals shall remain firm for a period of sixty (60) days following the date of the bid opening.

The County reserves the right to reject any and all proposals, to waive any informality in proposals, to accept the proposal in part or as a whole.

http://www.bidnetdirect.com/new-york

INTENT

It is the intent of the County to contract with a qualified fencing contractor to provide on-demand fencing services.

RFP TIMELINE

The following timeline has been established for this RFP process:

RFP Schedule and Timeline Date

RFP Submitted/Available 9/10/2026 Deadline for Questions 9/17/2026, 12:00 PM Final Responses to Questions Issued 9/24/2026, 4:00 PM Proposal Submission Deadline October 1, 2026, 2:30 PM Notification of Finalists Upon review by Department Evaluation Committee

Award of Contract Upon approval of the Niagara County Legislature

CONTACTS AND INQUIRIES

Questions or comments regarding this RFP must be put in writing and received by Purchasing Agent no later than 9/17/2026 at 12:00 PM. Please reference solicitation number and title. Questions shall be submitted in writing and shall be directed to:

Jennifer Marotta Niagara County Office of Management and Budget Philo J. Brooks County Office Building 59 Park Avenue Lockport, New York 14094 Phone: (716) 439-7210 Fax: (716) 439-7205 jennifer.marotta@niagaracounty.gov purchasing@niagaracounty.gov mailto:jennifer.marotta@niagaracounty.gov

RESPONSE CHECKLIST

In order for the County to conduct a uniform review process of all proposals, proposals must be submitted in the format set forth below. Failure to follow this format may be cause for rejection of a proposal because adherence to this format is critical for the County’s evaluation process.

Please check each item indicating your compliance:

a) Cover Sheet – signed (Appendix A)

b) Vendor Proposal and Content (see page 6 for format)

c) Vendor Qualifications (Appendix B)

d) Vendor Certification/Responsibility Questionnaire (Appendix C)

e) Signed "Bidder's Certifications & Assignment of Claim" (Appendix D)

f) Signed and notarized "Affidavit of Non-Collusion Certificate" (Appendix E)

g) Signed and notarized “Certification of Compliance with the Iran Divestment Act” (Appendix F)

h) Addendum(s) acknowledged (if applicable)

COMPANY FEIN #

ADDRESS CITY/ST/ZIP

TELEPHONE NUMBER E-MAIL ADDRESS

AUTHORIZED REPRESENTATIVE (PRINT) TITLE

AUTHORIZED SIGNATURE DATE

INSTRUCTION TO BIDDERS

FOR PROPOSALS

1. SUBMITTALS

All proposals become the property of Niagara County upon receipt of the same by Niagara County. During the RFP selection process, all proposals shall remain confidential until an award is made, after which proposals will be made available to the public.

Altering Proposal: Proposals cannot be altered or amended after submission deadline. Any interlineations, alteration or erasure made before opening time and date shall be initialed by the signer of the proposal, guaranteeing authenticity. Proposals must be submitted in ink or typewritten. Penciling will not be accepted.

Amendment of Proposal: A Proposal may not be amended. However, a Proposal may be withdrawn and resubmitted pursuant to (Withdrawal of Proposal) section below.

Withdrawal of Proposal: A proposal may be withdrawn at any time prior to the submittal deadline. A Proposal may be withdrawn and resubmitted at any time prior to the submittal deadline. No proposal may be withdrawn after the submittal deadline without the consent of Purchasing which may be withheld by Purchasing in its absolute discretion.

Niagara County cannot guarantee the confidentiality of any information submitted.

Proposal Subject to Disclosure: During the evaluation process, the content of each proposal will be held in confidence and details of any proposal will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which could cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process.

Should you feel your firm’s proposal contains any trade secrets or other confidential or proprietary information, you must submit a request to except such information from disclosure. Such request shall be in writing, shall state the reasons why the information should be excepted from disclosure, shall be provided at the time of submission of the subject information and in the same envelop as the proposal. The proprietary or confidential data must be readily separable from the proposal in order to facilitate eventual public inspection of the non- confidential portion of the proposal.

Requests for exemption of the entire contents of a proposal from disclosure have generally not been found to be meritorious and are discouraged. Kindly limit any request for exemption of information from disclosure to bona fide trade secrets or specific information, the disclosure of which would cause substantial injury to the competitive position of your firm.

2. PROPOSAL FORMAT

Please include the following sections in your proposal submittal in the following: All proposals must be typed on standard 8 ½” x 11” paper.

3. OPENING OF PROPOSALS

Under the RFP process, sealed offers will be received and opened in the Office of the Purchasing Agent. Each proposal will be checked to determine if it is complete and meets the requirements of this RFP. At and after opening, proposals will NOT be part of the public record and subject to disclosure, but will be kept confidential until after award. When such award is completed, proposals will be available for public inspection.

4. ELABORATE PROPOSALS

Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are neither required nor desired.

5. RESPONSE REQUIREMENT

If you or your firm is not providing services represented, indicate the internal or external parties that will provide the services and their respective geographical location, qualifications, and length of servicing relationship with your firm.

6. RESERVED RIGHTS

This RFP does not constitute an offer to buy on the part of Niagara County. Acceptance of any obligations on the part of Niagara County may only be done by a formal written agreement. Any information contained herein does not commit Niagara County to a contract or to pay any costs incurred in the preparation of a response. Nothing contained herein shall be construed as guaranteeing any term, condition, or other item, including any specified purchase volume.

All responses to this RFP will become the property of Niagara County. Offeror’s response to this RFP may be included in whole, in part or by reference in the final contracts which may result from this RFP.

Upon review of this RFP by the Evaluation Committee and prior to award of contract, approval by the Niagara County Legislature by resolution is required for an award to be made under RFP 2026-58.

Niagara County reserves the right not to award a contract to any proposing party even if the criteria described in the RFP are met; and to close the process prior to the stated deadline. No obligation on the part of Niagara County will be incurred until the Offeror has signed a contract satisfactory to and accepted by Niagara County.

The County expressly reserves the right to withdraw this RFP or reject any and all proposals in whole or in part.

Niagara County reserves the right to request financial and other business related information about your firm. Your cooperation in preparing additional written responses, submitted prior to a potential on-site presentation, may be required.

Niagara County reserves the right to:

i. Reject any and all proposals received in response to this RFP;

ii. Reject the proposal of a vendor who has previously failed to perform properly;

iii. Select proposals for contract award or for negotiations, other than those with the lowest price;

iv. Negotiate as to any aspect of the proposal with any vendor;

v. Waive any technical defect in the proposals that is considered by Niagara County to be merely irregular, immaterial, or unsubstantial.

7. CONTRACT TERMS AND CONDITIONS

The selected Respondent’s proposal will be incorporated into our contract with such firm. The term of this contract shall be for three (3) years with the option to renew for two (2) additional one (1) year periods.

8. FINAL SELECTION AND ENGAGEMENT

An Evaluation Committee designated by Niagara County shall evaluate proposals based upon respondent’s ability to effectively and efficiently accomplish the work and provide the services described within.

The evaluation criteria used for this RFP is as follows:

After an initial review and evaluation of each of the proposals, the firms submitting the most highly rated proposals may be invited for interviews and/or on-site presentations prior to the final selection and recommendation to the Niagara County Legislature. Niagara County reserves the right to award a contract without holding interviews, in the event the written proposals provide a clear preference on the basis of the criteria described.

Should interviews be conducted, the same criteria will be used to select the finalist. Once the phone interviews and/or on-site presentations have been conducted and references checked, the Evaluation Committee will meet and make a decision as to the finalist and recommend to the full Niagara County Legislature by resolution for action of approval of the award to be made under RFP 2026-58. The finalist will be advised and engaged.

An award under this RFP may not be based solely on the lowest price but will be made to the respondent with the overall best value proposal. The successful proposal will meet the project design guidelines and provide a level of service acceptable to the County of Niagara in its sole discretion.

9. CONDITIONS OF AWARD

The award underneath this RFP will be subject to the Niagara County Legislature approval.

10. VENDOR ACKNOWLEDGEMENTS

By submitting a proposal to provide and perform services sought by Niagara County, each proposer:

a) Represents and acknowledges the proposer has examined and is familiar with this RFP and all its specifications and requirements;

b) Represents and acknowledges the proposer can furnish the materials, equipment and/or services required satisfactorily and in complete compliance with the specifications;

c) Acknowledges that neither the County nor any agent or representative of the County have made a representation or promise on which the proposer has relied regarding the services covered by this RFP, or any matter or thing whatsoever relating thereto or otherwise, except as set forth.

Criteria Maximum Points

Prior Experience 35

Quality of project approach including organization and management, response to scope of service and project timing

Fee Proposal/ Projected Budget 35

TOTAL MAXIMUM SCORE 100

GENERAL TERMS AND CONDITIONS FOR PROPOSALS

1. Each Proposal response shall be enclosed in a sealed envelope and must be mailed or delivered so as to be received prior to the time set in the advertisement for the deadline. If the Proposal is a physical submission, the sealed envelope shall have the information noting the service and date and time of deadline. This information must be affixed to the outermost packaging to be easily identified by purchasing personnel as a sealed Proposal.

2. Proposal shall be submitted on Niagara County RFP Forms, unless otherwise indicated in the RFP specifications, or proposal will not be considered. Proposal must be typed or printed in ink. Original autograph signatures in ink are required.

3. Niagara County will assume no responsibility for oral instructions or interpretation. Any questions regarding this proposal that may change the specifications in this proposal must be received in writing according to the RFP Schedule and Timeline.

Inquiries must identify the proposal by title and due date.

Any alterations, interlineations or erasure of the proposal must be initialed by the signer of the proposal, guaranteeing authenticity.

4. AWARDS. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Request for Proposals. In determining whether a Proposal is lowest and responsive, and the proposer responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder's taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Request for Proposal and the Niagara County Purchasing Guidelines having bearing on the decision to make the award. The County reserves the right to reject any and all Proposals and to waive any informality in Proposals received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the Proposal of a proposer who has previously failed to perform properly. The County may award contracts by line item, category, or on an all or none basis.

5. Respondents are to furnish all information requested in the spaces provided on the RFP forms. Further, as may be specified elsewhere, each Respondent must submit with their Proposal cuts, sketches, descriptive literature, and/or complete specifications covering the products offered. Reference to literature submitted previously does not satisfy this provision.

Proposals in non- compliance with these requirements will be subject to rejection.

6. This Executor Clause shall be a part of any agreement entered into pursuant to the Request for Proposal procedure: It is understood by the parties that the agreement shall be executory only to the extent of the monies available to the County of Niagara and appropriated therefore, and no liability on account thereof shall be incurred by the County beyond the monies available and appropriated for the purpose thereof.

7. No taxes are to be billed to the County of Niagara. Proposals 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.

8. The successful Respondent shall comply with all laws, rules, regulations, and ordinances of the Federal Government, the State of New York and any other political subdivisions or regulatory body which may apply to its performance under this contract.

9. The successful Respondent to whom a contract is awarded shall not assign, transfer, convey, sublet or otherwise dispose of a contract or the successful Respondent’s right, title or interest therein, or the successful Respondent’s power to execute such contract to any other person, firm or corporation without the express prior written consent of Niagara County, in accordance with New York State General Municipal Law, Section 109.

10. A Proposal submitted is firm and irrevocable for a period of sixty (60) days from the date and time of the RFP deadline. If a contract is not awarded within the sixty (60) day period, a Respondent to whom the RFP has not been awarded may withdraw his Proposal by serving written notice of his intention to the County of Niagara. Upon withdrawal of the Proposal, pursuant to this paragraph, the County of Niagara will forthwith return the Respondent’s security deposit (if applicable). Once selected, the vendor agrees to extend submitted prices, if needed, during the contract negotiation period.

11. The base Proposal shall remain firm and any other charges proposed shall also remain firm, for delivery of services or goods described in the RFP.

12. Any contract entered into pursuant to an RFP may be terminated at any time during the term of the contract by Niagara County through notification in writing to the other party via certified mail of the desire to cancel. Such notice shall be served not less than thirty (30) days prior to the desired termination date.

13. In executing an RFP, the Respondent affirms that all of the requirements of the specifications are understood and accepted by the Respondent, and that the prices quoted include all required materials and services. The County will not be responsible for any errors or omissions on the part of the Respondent in preparing their Proposal. In case of error in extension of prices in the Proposal, the unit price will govern.

14. Manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in accordance with any State and local requirements for labeling or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels, the Underwriters’ Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies, or the American Gas Association for gas operated assemblies. Further, all items furnished by the successful Bid/Respondent shall meet all requirements of the Occupational Safety and Health Act (OSHA) and State, local and federal requirements relating to clean air and water pollution. “The NYS Right to Know Law and the OSHA Hazard Communication Standard (29CFR 1920.1200- Revised August 24, 1987) require that Manufacturers prepare and submit to the County of Niagara a Material Safety Data Sheet for any product(s) that have been evaluated and determined to contain hazardous substances. (PLEASE SUBMIT WITH INITIAL SHIPMENT AN APPROPRIATE MATERIAL SAFETY DATA SHEET FOR EACH PRODUCT, WHERE

APPLICABLE)”

15. Samples, if applicable, may be requested as a part of the solicitation or after the opening of Bid/RFPs. When requested, they are to be furnished as called for, free of expense, and if not destroyed will upon request be returned at Respondent’s expense.

Respondent’s request for return of samples must be made no later than the date on which they are furnished. Respondent shall label each sample individually with their name and item number.

16. The Respondent shall be fully accountable for his or its performance under an RFP, or any contract entered into pursuant to an RFP, and agreed that the Respondent, 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 contractor or the contractor’s performance.

17. All Proposals must be accompanied by a duly executed Non-Collusion Statement in order to be considered.

18. The apparent silence of this specification as to any details or the omission from it of a detailed description concerning any point shall be interpreted as meaning only the best commercial practices are to prevail and that only materials and workmanship of the first quality are to be used. It is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

19. In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of any item offered on this RFP prior to delivery, it shall be the responsibility of the successful Respondent to notify the County of Niagara at once, indicating in his letter the specific regulation which requires such alterations.

The County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

20. Discrimination - The successful Respondent agrees:

(A) That in the hiring of employees for the performance of work under this contract, no contractor, nor any person acting on behalf of such contractor, shall by reason of race, creed, color, sex, national origin, age, disability, marital status, Military Veteran status or arrest record, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. Niagara County is an Equal Opportunity Employer.

(B) That no contractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance or work under a contract on account of race, creed, color, sex, national origin, age, disability, marital status or Military Veteran status.

(C) That a contract may be canceled or terminated by the County of Niagara and all monies due, or to become due, may be forfeited for a violation of the terms and conditions of a contract.

21. JOINT OFFERS/ SUB CONSULTANTS. Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime/sub consultant basis rather than as a joint venture or informal team. For this engagement, Niagara County intends to contract with an individual firm and not with multiple firms doing business as a joint venture. If a sub consultant is used, the fact must be disclosed in the proposal, together with the name of each sub consultant, method of compensation to the sub consultant and its duties in relation to the scope of work.

22. Niagara County reserves the right to issue written addenda to any inquiries that alter the scope of the proposal. Niagara County reserves the right to decline to respond to any questions if, in Niagara County’s assessment, the information cannot be obtained and shared with all potential proposers in a timely manner.

Requests for interpretation of specifications should be addressed in writing, or orally, to Purchasing personnel and must be received prior to the date fixed for the RFP deadline. Any and all interpretations and supplemental instructions will be made in the form of written addenda to the specification. The County will make every reasonable effort to notify specification holders when and addendum is issued, and all addenda will be available for inspection at least forty-eight (48) hours prior to an RFP deadline (except notices of RFP postponement or cancellation, which may be made up to the scheduled RFP opening time).

Failure of any Respondent to receive such addendum shall not relieve such Respondent from any obligation under the Proposal as submitted. Any and all addenda shall become part of the RFP and contract.

23. If requested in writing by the County of Niagara, Respondent must present within forty-eight (48) hours, satisfactory evidence of the ability to perform and possession of the necessary facilities, personnel, experience, monetary resources and insurance to comply with specifications and otherwise provide the County with sufficient grounds to believe that it is likely, beyond a reasonable doubt, that the Respondent can provide the commodities and/or service(s) specified.

24. The successful Respondent(s) shall be notified by means of a contract award letter and/or purchase order that the Proposal has been accepted. The mailing of either award letter or a valid purchase order shall constitute a contract between Niagara County and the successful Respondent(s).

25. When required by Niagara County, the successful Respondent shall execute a standard form Agreement with Niagara County which incorporates all the terms and conditions of the contract between the parties. Such Agreement shall be executed within fourteen (14) days of notification, by which time the contractor shall also have supplied all required bonds and insurance.

26. A contract resulting from RFP solicitation will constitute the entire and integrated Agreement between the parties. No other terms or conditions will become part of an Agreement unless they are approved in writing by both parties and attached to an Agreement or Addendum. Additional terms and conditions must be included with the proposal, prior to the submission deadline.

27. Payments will be made by the County after goods and/or services have been rendered and are complete. Payment will be made upon submittal of a complete invoice. If a Purchase Order is required, the Purchase Order must also be properly completed and submitted with invoice to insure payment. Any claim against the contractor may be deducted by the County from any money due him in the same or other transactions. Any delivery of product or service which does not meet the requirements of the contract may be rejected or accepted on an adjusted price basis as determined by the County. In any case where a question of non-performance of a contract arises, payment may be withheld in whole or in part at the discretion of the County as compensation for any loss, damage, or cost incurred by the County as a result of said non-performance.

28. Any bond(s) and/or insurances required must be on a form acceptable to Niagara County, and must be issued only by companies licensed to do business in New York State by the New York State Commissioner of Insurance. Insurance policies must name Niagara County as “Additional Insured”. Certified checks or standard form letters of credit may be submitted in lieu of a bond, subject to acceptance by Niagara County as to sufficiency and form.

29. Niagara County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US. C.§§ 2000d to 2000d-4), hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to this RFP, disadvantaged business enterprises will be afforded full and fair opportunity to submit Proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

30. By submission of this Proposal, each bidder 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 the Proposer has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace

31. Unless the Respondent specifically notes otherwise, a Proposal shall be to furnish all items/services exactly as specified, in complete conformance to all terms, conditions and specifications. Any exception proposed by a Respondent must be clearly noted in unambiguous writing and submitted with the Proposal before the RFP deadline. Unless otherwise specifically noted, the County will execute a contract based solely on its terms, conditions and specifications.

32. The complete legal name of the firm or corporation shall be used when executing RFP documents. Do not abbreviate. If a corporation, use the name as it appears on the corporate seal.

33. Any manufacturer’s names, trade names, brand names, information and/or catalog numbers used within an RFP are for the purpose of description and establishing general quality levels. Such references are not intended to be restrictive and equivalent products of any manufacturer may be offered. Determination of equivalency shall rest solely with the County.

34. In the event any item or items in this bid are made available to the County on a New York State Government contract at a unit price lower than that price on which award was made to the low bidder, the County reserves the right to purchase at the lower price under the NYS Government contract.

35. Suspension and Debarment: Vendors must be vetted using the United States Federal Government’s System for Award Management (SAM) before the purchase and/or contract is completed, for any purchase of $25,000 or more. Vendors must be run through this system before each purchase to ensure that they are not suspended, debarred, declared ineligible or voluntarily excluded from eligibility for covered transactions by any federal departments or agencies who are not allowed to receive Federal funds. Departments must notify either the Purchasing Department or the County Treasurer to request a vendor check before the purchase is made. All vendors will be required to register on the SAM website. If a sub recipient is going to make a purchase using Federal funding, they must check the status of the vendor in SAM, or they can request a check through the Niagara County Purchasing Department or the Niagara County Treasurer. The sub recipient will need to communicate the vendor status to the project director and this communication must be documented.

36. All Contracts awarded, in part or in whole designated to be in receipt of Federal funding must adhere to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: 49 CFR Title 2 Part 200 and regulations set forth by the Office of Management and Budget (OMB).

http://www.ny.gov/programs/combating-sexual-harassment-workplace

37. INDENMITY AND SAVE HARMLESS CLAUSE

Any contract, prior to signature, must include a clause/section wherein “defense, indemnity and hold harmless” provisions in form and content reviewed and approved by the County Attorney are included in protecting the County’s interest.

Such clause acceptable to the County of Niagara would be the following:

“The Contractor agrees to defend and indemnify the County of Niagara, their officers, agents and employees, and shall hold them harmless from any and all risks of every kind, nature and description resulting from or arising out of the work and/or service performed by the Contractor, or its sub contractor, under this contract; provided, however, that Contractor shall not be required to indemnify the County with respect to such risks to the extent caused by the negligence or intentional misconduct of the County or the County’s contractors, over whom Contractor has no authority or control.”

The Contractor by agreeing to defend the County of Niagara as set forth above, agrees that if the County of Niagara receives a claim, complaint, or is sued under this contract pertaining to their work, acts or services, then this contractor agrees to pay all attorney fees and expenses; the selection of such attorney to represent Niagara County shall be the sole and exclusive determination of Niagara County.

38. INSURANCE AND CERTIFICATE REQUIREMENTS

Each and every contract, whether for professional services, vendors or contractors, must meet minimum insurance specifications in order to protect the County’s interest and/or as evidence of compliance with New York State law.

GENERAL REQUIREMENTS: Before commencing work, the successful service provider or contractor and any subcontractor shall furnish evidence such as a Certificate of Insurance, acceptable to the County of Niagara, that it has procured and will maintain, at its own expense, until final acceptance of the work, or until released in writing at the time of "Notice of Substantial Completion", insurance in the kinds and amounts hereinafter specified. The County of Niagara is defined as Niagara County, its agents, officers and employees.

A Certificate of Insurance acceptable to the County of Niagara must meet the following requirements:

• List the type of insurance coverages and acceptable limits, as required by the County of Niagara.

• Name the certificate holder as County of Niagara, 111 Main Street, Suite 102, Lockport, NY 14094.

• Name the County of Niagara, its agents, officers, and employees (without reference to a specific department) as an additional insured on each Certificate of Insurance for all liability policies. This can be provided in the caption or in the comments section of the certificate.

• Each certificate of insurance required, and each endorsement, must be signed by a licensed registered agent. In the event of self-insurance, by an authorized signatory.

• In the event of any material alteration or cancellation of any insurance coverage, thirty (30) days written notice shall be given to the Niagara County Director of Risk Management, 111 Main Street, Lockport, NY 14094.

• Insurance carriers should be admitted in the State of New York, unless an exception is approved by Niagara County.

The Certificate of Insurance shall be submitted to the Niagara County Office of Risk Management for compliance review, approval and retention at least thirty (30) days prior to the start of work.

SPECIFIC INSURANCE REQUIREMENTS. The following are the minimum insurance types, bond types, documentation and limits acceptable to the County of Niagara:

INSURANCE COVERAGES, DOCUMENTS AND MINIMUM LIMITS

For

Contracted Services Plus

Coverage and Documents Limits

A. General Liability (GL) $1,000,000 Each Occurrence $2,000,000 General Aggregate

B. Auto Liability $1,000,000 Combined Single Limit

C. Excess/Umbrella Liability $3,000,000 Each Occurrence $3,000,000 General Aggregate

D. Workers’ Compensation and Statutory Limits Employers Liability

CE-200, C-105.2, or SI-12

E. Disability Benefits Statutory Limits

CE-200, DB-120.1,

DB-820/829 or DB-155

F. Builder’s Risk Installation Coverage Project Value

SPECIFICATIONS OF PROPOSAL

PURPOSE

The Niagara County Department of Public Works is seeking proposals from qualified fencing contractors to provide on-demand fencing services throughout the County. Services may include installation, maintenance, repair, relocation, and removal of permanent or temporary fencing systems at administrative buildings, park fields, secure perimeters, and construction sites.

The Contractor will provide full-service, on-call fencing services to any building or grounds location owned by the County as the need arises.

The County building and park sites are located throughout Niagara County and the Contractor will be able to respond to any of these sites within twenty-four (24) hours of notification by the County.

Niagara County fencing types vary. The Contractor will be certified to provide fencing services and repairs to various types of fence systems as required at any County location.

Niagara County Building and Park Locations

LOCKPORT

Courthouse 175 Hawley Street

Philo J Brooks Building 59 Park Avenue

Civil Defense Building 139 Niagara Street

White House 169 Niagara Street

Maintenance Garage 199 S. Niagara Street

DPW/Fleet/Sign Shop 225 S. Niagara Street

Golden Triangle Building 111 Main Street

Social Services Building 20 East Avenue

Shaw Building and Campus 5467 Upper Mountain Road

LOCKPORT (CONTINUED)

Sheriff’s Office and Jail 5526 Niagara Street Extension

Public Safety Training Facility 5574 Niagara Street Extension

Niagara County Golf Course 314 Davison Road

Davison Road Campus 100 Davison Road

Drug Task Force 1078 Old Niagara Road

NIAGARA FALLS

Human Resource Building 301 Tenth Street

Trott Access Building 1001 - 11th Street

Angelo DelSignore Civic Bldg 775 - 3rd Street

PARKS

Bond Lake Park 2571 Lower Mountain Road Ransomville

Krull Park 6108 Lake Road Olcott

West Canal Marina 4070 Tonawanda Creek Road North Tonawanda

Oppenheim Park 2713 Niagara Falls Blvd Niagara Falls

Royalton Ravine Park 4662 Gasport Road Gasport

Over the term of the agreement, the list of Niagara County locations may change, be added to or decrease due to the County’s needs.

I. SCOPE OF SERVICES

The Contractor will provide all labor, equipment, materials, supervision, transportation, permits, insurance, expertise and all things necessary to complete the work in accordance with the specifications contained herein.

Fencing services to include installation, maintenance, repair, relocation, and removal of permanent or temporary fencing systems at administrative buildings, park fields, secure perimeters, and construction sites. The Contractor will be certified to provide various types of fencing and gate systems. A sample of fencing types including but not limited to are:

• Chain Link Fencing including top rails in various heights

• Galvanized Steel Fence Panels (security/industrial)

• Wood Privacy Fence

• Walk Gate – Chain Link in various heights

• Double Swing Drive Gate – Chain Link

• Barrier Gates

• Cantilever Sliding Gates

• Access Control System Installation (Keypad/Card Reader)

• Terminal Post (End/Corner Post)

The Contractor will bring all equipment and materials required to perform and complete the required fencing services.

Specifications include, but are not limited to: requirement for twenty-four (24) hours per day, seven days per week response for emergency fencing services when needed as directed by the County’s Deputy Commissioner of Buildings and Grounds or designee; from minor to major fencing services as the need arises on all types of fencing and/or gates and the furnishing of miscellaneous materials.

• The work under this contract will include fencing services as needed.

• The Contractor shall provide before and after photographs.

• The fence and gates systems will be of various types.

• The Contractor is expected to perform all associated work necessary for a complete and secure repair.

• All fencing services work, including materials and workmanship, will be warranted by the Contractor for no less than one (1) year and any warranty offered by the manufacturer will be delivered to the County’s Deputy Commissioner of Buildings and Grounds, or designee.

The Contractor must assure response to calls for fencing services as soon as possible, but in no more than twenty-four (24) hours after receipt of call. Once started on a job, the Contractor will man the job appropriately and continue without delay to a speedy completion of the work. The Contractor will comply with all conditions of the contract. Contractor will deploy a trained fence supervisor to access the fence service required and communicate the status and schedule of work to be performed to the County’s Deputy Commissioner of Buildings and Grounds or designee. Employees of the Contractor are required to wear appropriate dress, use appropriate language and demeanor while on County property and the work will be left in a safe, clean and orderly condition at the end of each workday. A report/documentation is required once work is complete.

Outlined within this information are the requirements governing the performance and qualifications of the Contractor. The Contractor should use this information as a guide to understanding the outcome of the projects and the quality of work the County seeks.

The bidder will:

1. Provide all labor, materials, required insurance, equipment, expertise, trades, permits and the means of work to successfully complete the work as required.

2. Contractor will provide a firm fixed cost of the work to be performed including number of workers, estimated number of hours, and cost of materials and supplies.

3. The Contractor shall provide before and after photographs.

4. In the event additional work is required, Contractor will present to the County’s Deputy Commissioner of Buildings and Grounds or designee, a Change Order outlining the scope of additional work and related costs prior to commencement of the work. No additional work will be performed without prior approval of a Change Order by the County’s Deputy Commissioner of Buildings and Grounds.

5. No work is to be started before all materials are in the possession of the Contractor.

6. Provide start-up and ending dates of the work to be performed under the contract; and commence work following approval, signing of acceptable agreements and issuance of a purchase order.

7. All work will be performed during the hours defined as “Normal Working Hours Monday through Friday” as defined on Proposal Pricing Sheet. Contractor must, prior to any work, contact the County’s Deputy Commissioner of Buildings and Grounds or designee, in advance; failure to contact the County’s representative may result in the unavailability of access to County properties.

8. After hours, Saturday, Sunday or holiday work will be performed at the rate submitted in the Contractor’s Proposal Pricing Sheet. All work must be approved by the County’s Deputy Commissioner of Buildings and Grounds or designee.

9. The Contractor will remove and dispose of any rotten or damaged fence and/or gate materials.

10. Remove and dispose of the existing fence and/or gate materials in a lawful manner.

11. Install fence and/or gate materials in a professional manner commensurate with the fencing profession.

12. Contractor to perform the work in accordance with the warranty requirements of the manufacturer and present the manufacturer’s warranty to the County prior to final payment.

13. If required, provide shop drawings, calculations or any other information the Consultant, Architect, or County requires for the review and approval of the various elements of the work.

14. Contractor must furnish the County with written record of time (certified payrolls) and materials spent at each specific project.

15. Secure and pay for all necessary permits prior to the commencement of any work.

16. The Contractor is responsible for all fees related to the execution of the Contract including, but not limited to building permits, disposal permits, etc.

17. Contractor will provide protection to prevent any building or property damage during the stages of removal and installation of a new fence and/or gate materials.

18. Contractor will maintain a sufficient supply of manpower and equipment to complete each project within the allotted time.

19. Contractor will perform clean-up of work areas on a daily basis to remove debris from current workday. At the completion of the work, the Contractor will remove all equipment and surplus materials from the site; all rubbish and debris will be legally disposed of. All surfaces involved in the work will be cleaned and made ready for use.

20. All work will be done in compliance with all applicable local, State and Federal laws, rules, regulations, zoning ordinances and building codes, and Americans with Disabilities Act in effect at the time of the project. The Contractor will provide all barricades and other safety equipment as necessary.

21. The Contractor will store all materials, supplies and equipment in a neat and orderly manner so as not to unduly interfere with the progress of work, the work of other Contractors or the operation of County business.

Contractor is responsible for the storage and security of their equipment and materials and that of their sub-contractors. Location of materials and equipment storage, vehicle parking and staging areas will be established only after approval by the County.

22. The Contractor will keep street and/or parking lot pavement clear of debris.

23. The Contractor will not unload, move, hoist and/or store materials or equipment so as to interfere with normal use of the facility and/or driveways, sidewalks or building entrances without prior written authorization by the County.

24. The Contractor will be required to provide partial and complete waivers of liens from sub-contractors performing work on the project.

25. No bid will be accepted from, or contract awarded to any person, firm or corporation that is in arrears or is in default to Niagara County upon any debt or contract, or that is in default as surety or otherwise, or failed to perform faithfully any previous contract with the County.

26. In the case of any discrepancies, the subject will be referred to the County for decision and the County’s decision will be binding; and without such decision, adjustment will not be made by the Contractor save at his own risk.

GENERAL REQUIREMENTS

A. Use of Premises.

The Contractor expressly undertakes at its own expense the following:

1. To stage materials, equipment and employee vehicles to ensure ingress/egress to/from the property, the

County’s occupancy and use of the premises by the public and the progress of the Contractor’s work or the work of any sub-contractor.

2. To take every precaution against injuries to persons or damage to property.

3. To perform the Contract in such a manner as not to interrupt or interfere with the operations of the facility.

4. Contractor will consider sensitive locations and conduct work in such a manner as to ensure the least obstruction to emergency response vehicles.

B. Contractor’s Superintendent.

1. The Contractor will provide a staff adequate to coordinate and expedite the work properly.

2. The Contractor will be solely responsible for initiating, maintaining and supervising all safety precautions and programs connected with the work.

C. Cleaning

1. The Contractor will at all times keep the County’s premises and the adjoining premises, driveways and streets clean of rubbish caused by the Contractor’s operations and at the completion of the work, will remove all the rubbish, tools, equipment, temporary work and surplus materials, from and about the premises, and will leave the work clean and ready for use. If the Contractor does not attend to such cleaning immediately upon request, the County may cause such cleaning to be done by others and charge the cost of same to the Contractor.

2. The Contractor will clean-up all rubbish from employees’ lunches and breaks, including food wrappers, drink containers, bags, cups and other debris, immediately at the end of the lunch period or break. At no time will such debris be left strewn about the site.

3. The Contractor will be responsible for all damage from fire that originates in, or is propagated by, accumulations of rubbish or debris resulting from the work.

4. All rubbish and debris will be disposed of off the County’s property in an approved landfill site. No open burning of debris or rubbish will be permitted. Job site will be left neat and clean at the completion of each day’s operation.

D. Drinking water & sanitary facilities will be made available to the Contractor where facilities exist.

E. Contractor’s Measurements

1. Before ordering material, preparing shop drawings, or doing any work, each Contractor will perform field measurements at the location to verify all dimensions that may affect the work.

2. The Contractor will also verify in-place materials to ensure new materials are adequate to meet project requirements.

F. Progress Meetings.

1. When directed by the County’s Deputy Commissioner of Buildings and Grounds, or designee, meetings will be held for the purpose of coordinating, expediting and reviewing the work.