FINAL Bid Book RFB-DCB-17-26.pdf

BID SPECIFICATIONS FOR

RFB-DCB-17-26

ON-CALL COMMERCIAL/INDUSTRIAL FENCING AND

AUTOMATIC & NON AUTOMATIC GATE CONTRACTOR FOR

CONSTRUCTION, RENOVATION, RENTAL AND REPAIR

COUNTY OF DUTCHESS

NEW YORK

BIDS DUE:

October 29, 2026 at 11:00am

Submit bids to:

Diane McKenna, Contract Specialist

County of Dutchess Department of Public Works 626 Dutchess Turnpike

Poughkeepsie, NY 12603

Sue Serino County Executive

David C. Whalen

Acting Commissioner of Public Works

RFB-DCB-17-26 On-Call Comm/Industrial Fencing and Automatic & Non-Automatic Gate Contractor for Construction, Renovation, Rental and Repair

BIDDER’S SUBMISSION INCLUDES

CHECK DESCRIPTION

SIGNED AND FILLED OUT BID PROPOSAL FORM (PW-1)

NON-COLLUSION FORM (PW-2)

STATEMENT OF UNDERSTANDING OF INDEMNIFICATION AND

INSURANCE REQUIREMENTS (PW-3)

SIGNED LABOR STANDARDS NOTICE(PW-4)

ADDENDA ACKNOWLEDGEMENT (PW-5)- if applicable

NYSDOL CONTRACTOR REGISTRATION CERTIFICATE

CONTRACTOR QUALIFICATIONS INFORMATION

CERTIFICATE OF REFERENCE

SEPTEMBER 2026 TC-1 RFB-DCB-17-26

TABLE OF CONTENTS

TITLE PAGE

TABLE OF CONTENTS

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

BIDDING REQUIREMENTS

Section NTB Notice to Bidders/ Instruction to Bidders

BID FORMS- all the following bid forms must be submitted with your bid Section Bid Proposal Form – PW1

Non-Collusion Form – PW2 Statement of Understanding-PW3 Labor Standards Notice- PW4 Addenda Acknowledgement Form PW5- if applicable NYS DOL Contractor Registry Certificate Certificate of Reference Contractor’s Qualification Statement

CONTRACT DOCUMENTS

Section Standard Form of Agreement

NYS Prevailing Wage Rates

SPECIFICATIONS

UPDATE

NYS Department of Labor

Electronic Submission of Certified Payroll As of January 1, 2026 ALL Contractors and Subcontractors working on projects covered by Article 8 of the Labor Law must electronically provide Certified Payroll Records to the New York State Department of Labor through the Certified Payroll Portal.

Payroll information must be reported every 30 days for the length of the project. Failing to submit on time may result in penalties of up to $100 per day following a 14-day grace period.

Submit Certified Payroll Records Here:

https://mpwr-public.labor.ny.gov/en/login

NYS Department of Labor

Contractor and Subcontractor Registry

As of December 31, 2024 ALL Contractors and Subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://www.nysenate.gov/legislation/laws/LAB/220-I

The registry is available at:

https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing https://www.nysenate.gov/legislation/laws/LAB/A8 https://mpwr-public.labor.ny.gov/en/login https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing

NB-1 3/17(rev)

N O T I C E T O B I D D E R S

RFB-DCB-17-26 On-Call Commercial/Industrial Fencing and Automatic & Non-Automatic Gate Contractor for Construction, Renovation, Rental and Repair

The County of Dutchess official bid documents for this project are obtained from the Empire State Purchasing Group’s Regional Bid Notification System at www.bidnetdirect.com/new-york/county-of-dutchess. Copies of bidding documents obtained from any other source are not considered official copies. It is incumbent upon all potential bidders to view all posted addenda prior to the bid close date. 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.” For those without Internet access, you may obtain an electronic copy of bidding documents by contacting the Dutchess County Department of Public Works at dpwcontracts@dutchessny.gov, or in person, Monday through Friday, 8 am to 4 pm: Dutchess County DPW, Business Office, 1st Floor, 626 Dutchess Turnpike, Poughkeepsie, NY 12603.

Upon request, all interested parties may review the hard copy of the Bid Specifications and Drawings by visiting the above referenced address.

All Addenda will be posted on BidNet Direct (aka Empire State Purchasing Group) site.

Bids for the above project will be received by:

Diane McKenna, Contract Specialist Dutchess County Department of Public Works (DPW) 626 Dutchess Turnpike-1st Floor Poughkeepsie, NY 12603

Bids due on or before 11:00am Thursday October 29, 2026, and at that time opened and read aloud. Bids received after that time will not be accepted. All interested parties are invited to attend. The bid opening for this solicitation may also be attended through Microsoft Teams Audio Conferencing. Anyone who wishes to hear bids read aloud will need to call into the phone number listed below. We ask that you call in at least three minutes prior to bid due/time to ensure you are connected properly. All call-ins will be asked to identify themselves by name and organization.

Join Microsoft Teams Meeting +1 516-268-4602 United States, Hempstead (Toll) Conference ID: 391 338 515#

Each bid shall be submitted as one paper original and one electronic copy and shall be enclosed in a sealed envelope bearing the name of the Project, Name of the Bidder, and the date and hour of the bid opening, which must be visible upon delivery.

Questions will be accepted by the close of business October 22, 2026 and emailed to Diane McKenna at dpwcontracts@dutchessny.gov and cc’d dmckenna@dutchessny.gov with the County’s response published in Addenda prior to 48 hours before the bid opening date.

This project may be subject to NYS Department of Labor Prevailing Wage Rates PRC #: 2026027946.

Starting December 30, 2024: NYSDOL Contractor and Subcontractor registry requirements.

View Bid Specifications regarding APPRENTICESHIP PROGRAM, if applicable.

The County reserves the right to waive irregularities in bids and in bidding and to reject any or all proposals.

mailto:dpwcontracts@dutchessny.gov mailto:dmckenna@dutchessny.gov

IB - 1 6/14 (CF)

INSTRUCTIONS TO BIDDERS

PROJECT:

RFB-DCB-17-26 ON-CALL COMMERCIAL/INDUSTRIAL FENCING AND AUTOMATIC &

NON AUTOMATIC GATE CONTRACTOR FOR CONSTRUCTION, RENOVATION, RENTAL

AND REPAIR

PROJECT OWNER:

Dutchess County Department of Public Works 626 Dutchess Turnpike Poughkeepsie, NY 12603 Tel. (845) 486-2925

Sealed bids for RFB-DCB-17-26 ONCALL COMMERCIAL/INDUSTRIAL FENCING AND AUTOMATIC

& NON AUTOMATIC GATE CONTRACTOR FOR CONSTRUCTION, RENOVATION, RENTAL AND

REPAIR will be received by the Dutchess County Department of Public Works, at 626 Dutchess Turnpike, 1st Floor, Poughkeepsie, New York, 12603 until Thursday, October 29, 2026 at 11:00am, then publicly opened and read aloud. The successful Bidder, whose bid shall be subject to the approval of the Project Owner as to form and sufficiency, will be required to furnish bonds and insurance documentation as indicated below.

The Successful Bidder will be required to enter into a formal contract agreement with the County of Dutchess. Bidders must acknowledge the insurance requirements by signing the “Statement of Understanding of Indemnification and Insurance Requirements”. 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.

The successful Bidder shall furnish the insurance documentation listed below with the signed Agreement within seven (7) business days from the date of receipt of the Agreement.

At all times during the term of this Agreement, the Contractor and his sub-contractors, 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 contractor shall provide:

a. 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).

•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, and must indicate that prior to cancellation or material change of the policy, a thirty (30) day notice shall be given to the Certificate Holder

c. In the event that the Contractor is exempt from providing coverage, he must provide a properly executed copy of the Certificate of Attestation of Exemption from NYS Workers' Compensation Board, Form CE-200.

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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.

d. 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) CERTIFICATE HOLDER AND ADDITIONAL INSURED SHALL BE NAMED AS:

County of Dutchess 22 Market Street Poughkeepsie, NY 12601

v) 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.

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.

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.

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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.

F. 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.

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.

i) 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 Contractor. The Contractor and his sub-contractor(s), if any, shall be solely responsible for any deductible losses under each of the policies required above.

VIII) Payment(s) to the Contractor may be suspended in the event the Contractor and his sub-contractor(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

Contractor 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.

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

IB - 4 6/14 (CF)

Contractor concerning indemnification.

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

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 Contractor until the Contractor furnishes such additional security as is determined necessary by the County.

ARTICLE 1 - BIDDING DOCUMENTS

§ 1.1 COPIES

Bidders shall use complete sets of Bidding Documents in preparing Bids; the Project Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

§ 1.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

§ 1.2.1 Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Project Owner at least five business days prior to the date for receipt of Bids.

§ 1.2.2 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum.

Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

§ 1.3 SUBSTITUTIONS / EQUIVALENT PRODUCTS

§ 1.3.1 The materials, products and equipment described In the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution/equivalent product.

§ 1.3.2 No equivalent product will be considered prior to receipt of bids unless written request for approval has been received by the Project Owner at least ten days prior to the date for receipt of Bids.

Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Project Owner's decision of approval or disapproval of a proposed substitution shall be final.

§ 1.3.3 If the Project Owner approves a proposed equivalent product prior to receipt of bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

§ 1.4 ADDENDA

§ 1.4.1 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

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§ 1.4.2 Addenda will be transmitted no later than twenty four (24) hours prior to the date for receipt of Bids except an Addendum withdrawing or postponing the Bid opening.

§ 1.4.3 Upon receipt of any and all Addenda, each Bidder shall confirm that he has received the Addenda issued by making note on the bid form where indicated.

ARTICLE 2 - BIDDING PROCEDURES

§ 2.1 PREPARATION OF BIDS

§ 2.1.1 Bids shall be submitted on the forms included with the Bidding Documents.

§ 2.1.2 All blanks on the bid form shall be legibly executed in a non-erasable medium.

§ 2.1.3 Sums shall be expressed in both words and figures if applicable. In case of discrepancy, the amount written in words shall govern.

§ 2.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid.

§ 2.1.5 All requested Alternates if applicable, shall be bid. If no change in the Base Bid is required, enter "No Change."

§ 2.1.6 Each copy of the Bid shall state the legal name of the Bidder Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

§ 2.2 BID SECURITY

§ 2.2.1 Each Bid shall be accompanied by bid security (Bid Bond, Certified Check or Official Bank Check made payable to the Dutchess County Commissioner of Finance) or a letter of credit (in a form agreeable to Dutchess County) in the amount of 10% of the Bid amount. The Bidder pledges to enter into an Agreement with the Project Owner on the terms stated in the Bidding Documents and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising there under. Should the Bidder refuse to enter into such Contract, fail to furnish such bonds, or fail to furnish acceptable insurance documentation, the bid security shall be forfeited to the Project Owner. The bid security shall not be forfeited to the Project Owner in the event the Project Owner fails to comply with Section 4.2 in the Instructions to Bidders.

§ 2.2.2 The bid bond shall be written in a form acceptable to the Project Owner, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

§ 2.2.3 The Project Owner will return all bid security to the Bidders upon one of the following occurrences: (a) there is a fully-executed numbered Agreement between the Project Owner and successful bidder in place, (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

§ 2.2.4 Bidder accepts all of the terms and conditions of the Notice to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This bid will remain subject to acceptance for forty-five (45) days after the day of Bid opening. Award of contract will be made by the Project Owner to the lowest responsible Bidder meeting the requirements of the Project Owner and will be made within forty-five (45) days after the opening of the bids.

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§ 2.3 SUBMISSION OF BIDS

§ 2.3.1 All copies of the Bid, the bid security, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the Project Owner and shall be identified with the Project name and the Bidder's name and address. If the Bid is sent by mail, the sealed opaque envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

§ 2.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids.

Bids received after the time and date for receipt of Bids will be returned unopened.

§ 2.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

§ 2.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered.

§ 2.3.5 The following documents must be returned as a complete Bid in accordance with the Bidding Documents:

• Completed Bid Proposal Form

• Non-Collusive Bidding Certification

• Signed Labor Standards

• NYSDOL Contractor and Subcontractor Registration Certificate

• Certificate of Reference

• Completed Contractors Qualifications Information

• Statement of Understanding of Indemnification and Insurance Requirements

• Addenda Acknowledgement form- if applicable

§ 2.4 MODIFICATION OR WITHDRAWAL OF BID

§ 2.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder within forty-five (45) days after the Bid opening.

§ 2.4.2 Prior to the time and date designated for receipt of Bids, the bidder or his agent may modify or withdraw the bid.

§ 2.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

ARTICLE 3 - CONSIDERATION OF BlDS

§ 3.1 REJECTION OF BlDS

The Project Owner shall have the right to reject any or all Bids. A Bid not accompanied by the required bid security, other required documents, or is in any way incomplete or irregular is subject to rejection.

Bid Proposal Form Submitted by Company Name:_____________________________________________________ RFB-DCB-17-26 On-Call Comm/Industrial Fencing and Automatic & Non-Automatic Gate Contractor for

Construction, Renovation, Rental and Repair

PW-1 (page 1 of 2)

FEE SCHEDULE for Various Dutchess County Locations

ITEM DESCRIPTION PRICING

1 Regular Time (RT) Hours are:

Start Time:_________ End Time:__________

Year 1 2026-2027

Year 2 2027-2028

Year 3 2028-2029

RT RT RT

Indicate Regular Time (RT) Hourly Range in space above (sample range definition:

Regular Time is 8am to 5pm)

Supervisor: $ $ $

Tradesperson: $ $ $ Ironworker: $ $ $

Laborer: $ $ $ Other:______ $ $ $ Other:______ $ $ $

Section 1 column

TOTAL:

2 Premium Time (PT) Hours are:

Start Time:_________ End Time:__________

Year 1 Year 2 Year 3

PT PT PT

Indicate Premium Time (PT) Hourly Range in space above (sample range definition:

Premium Time is 5pm and on, including Weekends)

Supervisor: $ $ $

Tradesperson: $ $ $

Ironworker: $ $ $ Laborer: $ $ $

Other:______ $ $ $

Other:______ $ $ $

Section 2 column

TOTAL:

3 HOLIDAY TIME

Year 1 Year 2 Year 3

Supervisor: $ $ $

Tradesperson: $ $ $

Ironworker: $ $ $ Laborer: $ $ $

Other:______ $ $ $ Other:______ $ $ $

Section 3 column

TOTAL:

BID PROPOSAL FORM (PW-1)

RFB-DCB-17-26 ON-CALL COMMERCIAL/INDUSTRIAL FENCING AND AUTOMATIC & NON

AUTOMATIC GATE CONTRACTOR FOR CONSTRUCTION, RENOVATION, RENTAL AND REPAIR

Submitted by:

Company Name: _______________________________________________________________________

Address: _____________________________________________________________________________

Contact Name/ Title (please print/type):

Signature: ____________________________________________________________________________

Telephone: _____________________ Cell: _______________________ Fax: ______________________

Email: _______________________________________________________________________________

Note: By signing and submitting this bid for consideration by the Dutchess County Department of Public Works, the Bidder acknowledges that they have read understand and agree to all aspects of the specifications as presented without reservation or alteration.

PW-1 (page 2 of 2)

BID # RFB-DCB-17-26

1. NON-COLLUSION CERTIFICATION

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

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

a. 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;

b. 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;

c. 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.

2. IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

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

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a(3)(b).

CERTIFICATION SIGNATURE(S) FOR 1 AND 2:

Signed __________________________________

By _____________________________________

Dated _____________________

Bid submitted by: Name: ____________________________________________

Address: __________________________________________

Phone: ____________________________________________

Fax #: ____________________________________________

Email: ____________________________________________

PW-2

STATEMENT OF UNDERSTANDING OF

INDEMNIFICATION AND INSURANCE REQUIREMENTS

FOR

RFB-DCB-17-26

I (We) have read the Indemnification and Insurance requirements cited in the subject

Sample Agreement sections 6 and 10 of the Request for Bids or Proposals 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 requirement s are acceptable. Upon receipt of a designation from the County of Dutchess to perform the services described in the subject RFB or 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 RFB or RFP.

Company Name: ________________________________________________________

Address: ______________________________________________________________

City: ___________________________ State: __________ Zip: ___________________

Name of Authorized Official Submitting Proposal: ______________________________ Signature

Print Name

Date: _____________________

THIS COMPLETED FORM MUST BE INCLUDED WITH YOUR PROPOSAL

PW-3

PW-4

LABOR STANDARDS NOTICE

I, David C. Whalen, Acting Commissioner of the Department of Public Works, Dutchess County, New York, pursuant to Section 220 of the Labor Law of the State of New York, does hereby determine that the following is the schedule of wages and supplements to be paid for the following trades or occupations in connection with On-Call Comm/Industrial Fencing.

Section 220 of the Labor Law, as amended, provides among other things, that it shall be the duty of the fiscal officer to make a determination of the schedule of wages to be paid to all laborers, workmen, and mechanics employed on public works projects including supplements for welfare, pension, vacation and other benefits. These supplements may include hospital, surgical or medical insurance or benefits; life insurance or death benefits; accidental death or dismemberment insurance; and pension or retirement benefits. If the amount of supplements provided by the employer is less than the total supplements shown on the wage schedule, the difference shall be paid in cash to the employees.

Section 220 of the Labor Law, as amended, also provides that the supplements to be provided to laborers, workmen and mechanics upon public works “shall be in accordance with the prevailing practices in the locality…”. The amount of supplements listed on the enclosed schedule does not necessarily include all types of prevailing supplements in the locality, and a future determination of the industrial Commissioner may require the Contractor to provide additional supplements. The Contractor shall provide statutory benefits for disability benefits, workers’ compensation, unemployment insurance and social security.

REQUIRED 10 HOUR TRAINING

All laborers, workers and mechanics employed by a contractor, subcontractor or other person doing or contracting to do the whole or part of the work, shall be certified prior to performing any work on the project as having successfully completed a course in construction safety and health approved by the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) that is at least then ten (10) hours in duration for all contracts for construction, reconstruction, maintenance and/or repair of public work in excess of two hundred and fifty thousand dollars ($250,000.00). This requirement is in pursuant to NYS Labor Law Section 220-h. Rules and regulations are available on the NYSDOL website.

APPRENTICESHIP PROGRAMS

The County of Dutchess requires that any contractor or subcontractor have, prior to entering into a contract for the process of building, renovating or demolishing a public building owned, operated and maintained by the County of Dutchess, with a discreet contract or sub-contract value in excess of $500,000.00, and certain bridge construction contracts in excess of $1,000,000.00, apprenticeship agreements appropriate for the type and scope of work to be performed and which have been registered with NYS Department of Labor in accordance with Article 23 of the Labor Law. This policy shall not apply to any Construction Contracts utilizing federal, state, county, or other funding assistance to the extent the terms of such funding assistance precludes the application of this policy and shall not apply to any Construction Contract where another governmental entity is also a signatory to the contract, or to an intermunicipal agreement relating to the contract, unless such other entity agrees to be bound by the provisions of this policy.

ENFORCEMENT OF LABOR LAW SECTION 220

In addition to any enforcement actions taken by the Federal or the New York State Departments of Labor, the Dutchess County District Attorney’s Office shall pursue enforcement of violations of New York State Labor Law Section 220, conviction of which is punishable by fine or imprisonment, or both.This LABOR STANDARDS NOTICE MUST be returned to the Project Owner attached to the Bid. Failure to submit the signed notice may result in a bid being deemed incomplete and rejected. All Contractors and subcontractors shall provide NYSDOL Public Work Contractor Certificate of Registration.

ACCEPTANCE OF NOTICE

In preparing the attached bid, I (we) have read, understand and acknowledge this LABOR STANDARDS NOTICE and if awarded this bid, I (we) shall comply with all Federal, State and Local wage and labor requirements, including Section 220 of the Labor Law, and the Dutchess County Procurement Policy.

Date: _____________________________________

Company Name: ________________________________

By: _____________________Title: ________________

ADDENDA ACKNOWLEDGEMENT FORM

ONCALL COMMERCIAL/INDUSTRIAL FENCING AND AUTOMATIC & NON-AUTOMATIC GATE CONTRACTOR FOR

CONSTRUCTION, RENOVATION, RENTAL AND REPAIR

RFB-DCB-17-26

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

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

Full Legal Name of Company Submitting Proposal:

Authorized Signature:

Title:

Date:

PW-5

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CERTIFICATE OF REFERENCES

(This form must be filled in by the Bidder)

TITLE: Oncall Commercial/Industrial Fencing and Automatic & Non Automatic Gate Contractor for Construction, Renovation, Rental and Repair

BID NUMBER: RFB-DCB-18-23

I, ________________________________HEREBY CERTIFY THAT FOLLOWING COMPANIES HAVE

PERFORMED THE FOLLOWING WORK WITHIN THE LAST FIVE YEARS AND CAN BE CONTACTED AS

REFERENCES:

1. NAME OF BUSINESS: ______________________________________________________________________ CONTACT NAME: ____________________________________________________________________________ ADDRESS: ___________________________________________________________________________________ AMOUNT OF CONTRACT: ____________________________ TELEPHONE NO.: ________________________ EMAIL: _____________________________________________ FAX NUMBER: _________________________ TYPE OF WORK: _____________________________________________________________________________

2. NAME OF BUSINESS: ______________________________________________________________________ CONTACT NAME: ____________________________________________________________________________ ADDRESS: ___________________________________________________________________________________ AMOUNT OF CONTRACT: ____________________________ TELEPHONE NO.: ________________________

3. NAME OF BUSINESS: ______________________________________________________________________

ADDRESS: ___________________________________________________________________________________ AMOUNT OF CONTRACT: ____________________________ TELEPHONE NO.: ________________________

4. NAME OF BUSINESS: ______________________________________________________________________

ADDRESS: ___________________________________________________________________________________ AMOUNT OF CONTRACT: ____________________________ TELEPHONE NO.: ________________________

5. NAME OF BUSINESS: ______________________________________________________________________

ADDRESS: ___________________________________________________________________________________ AMOUNT OF CONTRACT: ____________________________ TELEPHONE NO.: ________________________

COMPANY NAME OF BIDDER: ____________________________________________________________________

BY: __________________________________________________ TITLE: _________________________________________

ANY ALTERATIONS TO THIS DOCUMENT MADE BY THE OFFEROR MAY BE GROUNDS FOR REJECTION OF THE BID, CANCELLATION

OF ANY SUBSEQUENT AWARD, OR ANY OTHER LEGAL REMEDIES AVAILABLE TO THE COUNTY OF DUTCHESS.

CQ-1 RFB-DCB-17-26

C O N T R A C T O R Q U A L I F I C A T I O N I N F O R M A T I O N

Company Name____________________________________ Corporation ( ) Address ________________________________________ Partnership ( ) ________________________________________ Individual ( ) Joint Venture ( ) Other ( )

Name of Project: On-Call Comm/Industrial Fencing and Automatic & Non-Automatic Gate Contractor for Construction, Renovation, Rental and Repair

BID NO. RFB-DCB-17-26

1.0 BIDDER’S QUALIFICATION

Bidders shall provide references evidencing successful completion of at least three projects of similar scope and type of work within the last five years. Contact name and information for projects shall be provided and references will be checked to confirm that each project was completed with good performance, without poor workmanship or detrimental work relationship with the owner/engineer. Bidder’s references evidencing poor workmanship, poor performance or detrimental relationships with the owner/engineer may be grounds for rejecting the bidder.

2.0 ORGANIZATION

2.1 How many years has your organization been in business?

2.2 How many years has your organization been in business under its present name?

2.2.1 Under what other or former names has your organization operated?

CQ-2 RFB-DCB-17-26

2.3 If your organization is a corporation, answer the following:

2.3.1 Date of Incorporation:

2.3.2 State of Incorporation:

2.3.3 President's name:

2.3.4 Vice-Presidents name:

2.3.5 Secretary's name:

2.3.6 Treasurer's name:

2.4 If your organization is a partnership, answer the following:

2.4.1 Date of organization:

2.4.2 Type of partnership: (if applicable)

2.4.3 Name(s) of general partner(s):

2.5 If your organization is individually owned, answer the following:

2.5.1 Date of Organization:

2.5.2 Name of Owner:

2.6 If the form of your organization is other than those listed above, describe it and name the principals:

3.0 LICENSING

List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable.

4.0 EXPERIENCE

4.1 List the categories of work that your organization normally performs with its own forces.

4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)

4.2.1 Has your organization ever failed to complete any work awarded to it?

CQ-3 RFB-DCB-17-26

4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers?

4.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years?

4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?

(If yes, please attach details.)

4.4 Please list major construction projects your organization has in progress, giving the name of the project, owner, contract amount, percent complete and scheduled completion date.

4.5 Please list the major projects your organization has completed in the past five years.

SIGNATURE

Date ________________________

I certify that the above information is true and correct.

Signature

Title

County File # Vendor Name Page 1 of 14

AGREEMENT

THIS AGREEMENT, bearing the dates 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 Vendor Name (hereinafter referred to as the "CONTRACTOR" or "you" or "your" or "it") vendor address.

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

1. SCOPE OF SERVICES:

The Project is Bid No. XXXXXProject Title. The Contractor 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 Bid # RFB-DCP-xxxx and the Bid Specifications, 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 Bid Specifications, 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 Contractor with a request for as needed services that describe the anticipated need. The Contractor 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 will issue a letter to the Contractor authorizing work to begin.

In emergency circumstances, the Commissioner may issue authorization to begin work before the scope and cost are finalized.

This Agreement will be used for assigning Work up to and including a “Project Specific Assignment” amount of $35,000. All projects that exceed $35,000 must go out for Bid/Proposal under a new Request for Bids (RFB).

The Contractor by signing the attached Affidavit Exhibit “B” certifies that they are in receipt of the Prevailing Wage Rate Schedule PRC #xxxxxxxxxxxx and that they are in compliance with all applicable labor laws and regulations of the State of New York and the United States of America.

2. TERM OF AGREEMENT:

This agreement shall be effective XXXXXXXX, and shall terminate XXXXXXX, unless otherwise terminated as set forth herein.

3. EXTENSION:

County File # Vendor Name Page 2 of 14

This Agreement may be extended for xxxx (X) additional one (1) year terms upon such terms and conditions as the parties may agree. Should any assignment be incomplete at the end of the expiration period, an additional extension may be granted to complete those assignments. No new work or scope may be assigned under this additional extension.

4. PAYMENT:

Payment will be made for services performed and upon submission of a County approved invoice which shall include and be accompanied by:

• Assignment number

• Date(s) service performed

• Location

• Amount Billed

• Certified Payroll for the Time Period Work was Performed

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 Contractor 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. Contractor shall be required to receive payments electronically by submitting an authorization form to the Dutchess County Comptroller.

The Contractor agrees to pay its Sub-Contractor(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 Contractor shall advise the County in writing of all outstanding billing for each year of the Agreement term on or before January 30th. The Contractor shall submit all invoices to the County on or before February 5th. The Contractor’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 CONTRACTOR STATUS:

You agree that you are an independent contractor 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 an officer or employee of the County.

mailto:dpwacctspayable@dutchessny.gov

County File # Vendor Name Page 3 of 14

6. INDEMNIFICATION:

The Contractor 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 Contractor’s work. The Contractor 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:

Contractor 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 Contractor, its employees, agents, assigns, and Sub-Contractors.

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. Contractor 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. Contractor 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 Contractor 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 severance pay or any such incentive. If an audit of payments made under this Contract reveals that such payments have been made, the Contractor shall immediately reimburse the County for the full amount with interest upon receipt of a written demand from the County. In

County File # Vendor Name Page 4 of 14 addition, the County may declare this agreement null and void.

9. CONTRACTORS OBLIGATIONS POST TERMINATION WITH OR WITHOUT CAUSE:

Upon termination of this Agreement, Contractor 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 Contractor(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 Contractor, and his Sub-Contractors, 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 Contractor 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).

c) In the event that the Contractor 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…