Lagrange Ave office building roof sealing-FINAL.pdf

Dutchess County Water & Wastewater Authority 1 Lagrange Avenue

Poughkeepsie, NY 12603

REQUEST FOR BIDS

Lagrange Ave. Office Building Roof Sealing PWC-LGR-2026-09-General Construction

Bids due: October 07, 2026, 1:00 p.m.

A project administered by the:

01 Bid Advertisement

ADVERTISEMENT FOR BIDS

Lagrange Ave. Office Building Roof Sealing

PWC-LGR-2026-09-General Construction

RECEIPT OF BIDS:

Dutchess County Water and Wastewater Authority (“Authority”, “Owner”) will accept bids for the following project in accordance with the specification and requirements contained in this request.

Contract No. PWC-LGR-2026-09–Lagrange Ave. Office Building Roof Sealing General Construction

NATURE OF PROJECT:

The Project will generally consist of work to repair and seal the entire roof of the Lagrange Ave.

office building and ATM building per the Scope of Work contained in the bid documents.

BID SUBMISSION:

Bids shall be received at the office of the Dutchess County Water and Wastewater Authority until 1:00 P.M. (local time) on Wednesday, October 07, 2026 at the 1 Lagrange Avenue, Poughkeepsie, NY 12603 address and at that time opened and read aloud. Bids will be reviewed, and the Contract will be awarded within thirty (30) days of receipt of bids.

Bids must be submitted on the Authority Bid Form. Bids can be either mailed or hand-delivered.

For hand delivery, there is a secure drop box located at the backdoor entrance within the back-parking lot that bids can be inserted. Bids can be submitted in a sealed envelope addressed as follows:

Dutchess County Water and Wastewater Authority Attn: Executive Director 1 Lagrange Avenue

Bid for Lagrange Ave. Office Building Roof Sealing–General Construction

• A Certificate of Non-Collusion must be submitted. The successful bidder shall execute a contract prepared by the Authority. The Authority Board reserves the right to reject all bids and advertise anew, if, in the judgement of the Board, it shall be in the best interest of the Authority to do so.

• All work is subject to “Prevailing Wage” requirements of the New York State Department of Labor (NYS DOL) and requires submission of Certified Payroll. The Prevailing wages for this contract can be found on prevailing rate case (PRC) number:

2026026564 attached herein.

• As of December 31, 2025 all contractors and subcontractors must electronically provide certified payroll records to the NYS DOL through their Certified Payroll portal. All Certified Payroll forms (form #WH-347) must be uploaded within 30 days of work completion to the NYS DOL website: www.dol.ny.gov/Electronic-Payroll. Please note that a pdf copy must also be submitted with the awarded vendor’s invoice to the DCWWA accounting department after work is completed.

http://www.dol.ny.gov/Electronic-Payroll

• Submission of a NYS DOL Contractor Registration Certificate must be submitted along with the bid form and Non-Collusion form. Any bid received that does not contain the Contractor Registration Certificate will disqualify the bidder. The NYS DOL implemented a registration system for contractors and subcontractors as outlined in Labor Law Section 220-I for public works contracts effective December 30, 2024. The NYS DOL website to apply for a Contractor Registration Certificate is www.dol.ny.gov/contractor-and-subcontractor-registry-landing. All Contractors and Subcontractors must supply a $200.00 non-refundable fee at the time of registration and each certificate is valid for two (2) years.

• The awarded contractor shall submit a W-9 form, proof of insurance, and Workers Compensation forms as required in the Sample Contract, attached herein, and shall name the “Authority” as an additional insured on the general and auto liabilities. Within fifteen (15) days of bid award, the W-9 and all insurance certificates must be on file.

OBTAINING DOCUMENTS:

Contract Documents will be issued in PDF form via www.bidnetdirect.com or www.nyscr.ny.gov.

For bidding purposes, the Contract Documents must be obtained only from the Owner via www.bidnetdirect.com or www.nyscr.ny.gov. Contract Documents obtained from any other source are for information only and the Bidder is advised that it assumes the responsibility of errors that may be a result of using such documents. All official notifications and addenda will be issued to plan holders of record on these two websites that have downloaded the bidding documents.

PRE-BID SITE VISIT:

There will be a Non-Mandatory pre-bid site visit scheduled for: Wednesday, September 23, 2026 at 2:30pm (local time) located at 1 Lagrange Ave., Poughkeepsie, NY. Representatives of OWNER will be available to discuss the project and allow access to the roof so bidders are informed about the project.

QUESTIONS

Any questions/clarifications can be e-mailed in writing to Carol Falcone, Contract Specialist, cfalcone@dutchessny.gov. No phone calls please. Deadline for questions is Monday, September 28, 2026. Responses will be issued via Addendum and uploaded to Bidnet and Contract Reporter by Wednesday, September 30, 2026. It is the responsibility of the bidder to locate and read any Addendums issued.

BIDDERS QUALIFICATION STATEMENT:

Bidders’ attention is called to the Bidder’s Qualification Statement included with the Bidding Documents. Failure to submit the completed Bidder’s Qualification Statement with the Bid is basis for Bid being determined as non-responsive.

OWNERS RIGHTS RESERVED:

The Dutchess County Water & Wastewater Authority, hereinafter called the Owner, reserves the right to reject any or all Bids and to waive any formality or technicality in any Bid in the interest of the Owner.

DEBARRED OR SUSPENDED CONTRACTORS

http://www.dol.ny.gov/contractor-and-subcontractor-registry-landing http://www.bidnetdirect.com/ http://www.nyscr.ny.gov/ http://www.bidnetdirect.com/ http://www.nyscr.ny.gov/ mailto:cfalcone@dutchessny.gov

The bidder shall ensure that it does not include in the bid and will be precluded by contract requirement to employ any subcontractor listed on the Federal or State disbarred or suspended contractor listings.

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION:

The Owner hereby notifies all Bidders that it will affirmatively ensure that in regard to any Agreement entered into pursuant to this advertisement, all employees and applicants for employment shall be afforded equal opportunity without discrimination.

OSHA 10 HOUR SAFETY TRAINING COMPLIANCE:

Bidders’ attention is called to NYS Labor Law, section 220-h, which requires that every contract for the construction, reconstruction, maintenance and/or repair of public work where the total cost of all work to be performed under the contract is less than or equal to $250,000, shall contain a provision requiring that all laborers, workers and mechanics employed in the performance of the contract on the public work site shall be certified prior to performing any such work as having successfully completed the United States Department of Labor OSHA approved construction safety and health course that is at least ten (10) hours in duration.

BY ORDER OF THE DUTCHESS COUNTY WATER & WASTEWATER AUTHORITY

AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER

Lagrange Ave. Office Building Roof Sealing

PWC-LGR-2026-09-General Construction

SCOPE OF WORK

Project Description:

This tax-exempt capital improvement Project will generally consist of work to repair and seal the entire roof of the Lagrange Ave. office building and ATM building as detailed below:

1. Provide all material and labor to perform necessary repairs and sealing of the entire flat main roof (3 sections of TPO), rear sidewalk section, overhang roof and transformer ATM roof in accordance with the NYS prevailing wage specifications.

2. Digital photographs will be taken through-out the entire project and supplied to Owner.

3. Install cones and safety tape around the perimeter of the roof as per safety requirements.

4. Power-wash and clean the main three (3) TPO sections of the roof, the rear sidewalk, overhang roof and the ATM flat roof.

5. Repair existing roofs where needed using Carlisle white flashing tape, primer and white

LAP sealant.

6. Coat all flat roofs using GACO S4200 One-step process silicone

7. Clean up and haul away all project debris.

8. Include a five (5) year contractor’s warranty

9. Any agreed to changes authorized by both Owner and Contractor are to be submitted as a “Change Order”.

000480 - 1

SECTION 000480

NONCOLLUSION AFFIDAVIT

PURSUANT TO SECTION 103-D OF THE GENERAL MUNICIPAL LAW, STATE OF NEW

YORK

The undersigned, being duly sworn, certifies under penalty of perjury that to the best of their knowledge and belief:

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

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

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

Name of Bidder

By (Signature)

(Printed or Typed Name)

Title Date

STATE OF NEW YORK:

COUNTY OF _____________________:

On this _______________day of__________________________, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared

____________________________________to me personally known or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed this instrument.

Notary Public

BIDDER’S QUALIFICATION STATEMENT

Section 000300 Page 1

The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading.

SUBMITTED TO: Dutchess County Water and Wastewater Authority

ADDRESS: 1 Lagrange Avenue

PROJECT: Lagrange Ave. Office Building Roof Sealing

Corporation [ ]

Partnership [ ]

SUBMITTED BY: Individual [ ]

Joint Venture [ ]

FIRM NAME: ___________________________ Other [ ]

ADDRESS:________________________________________________________________

PRINCIPAL OFFICE:________________________________________________________

Business Federal Employee Identification Number OR

Individual Social Security Number: ______-____-________

Telephone No.: ________-________-_______________

Facsimile No. .: ________-________-_______________

TYPE OF WORK (Check for each Classification of Work covered by contract scope that your firm performs):

__ Site Work __ Concrete Work __ Structural Steel

__ Process Equipment __ Process Piping __ Roofing

__ Process Controls __ Doors, Windows & Glazing __ Overhead Doors

__ Masonry __ Dewatering __ Fencing

__ Light Metal Framing __ Metal Siding __ Metal roofing

__ Shoring __ Electrical __ HVAC

__ Other (list) ______________________________________________________

Section 000300 Page 2

1. ORGANIZATION

1.1 How many years has your organization been in business as a Contractor?

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

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

1.2.2 Yes [ ] No [ ]

Does this business now, or has it in the past 10 years, used an EIN, SSN, name, trade name or abbreviation other than the name or number listed in

Question 1.2.1? If yes, provide details.

1.2.3 Yes [ ] No [ ]

Has this business been at its current address less than 5 years? List all other business addresses and phone numbers used by this business within the last 5 years.

1.2.4 Yes [ ] No [ ]

A. Does this business share office space, staff, equipment or expenses with any other business or not-for-profit organization? If yes, provide details for each such instance.

Yes [ ] No [ ]

B. Will this business use or occupy any real property, other than the addresses listed in response to Question 1.2.4, to carry out the terms of this contract? If yes, provide details.

Section 000300 Page 3

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

1.3.1 Date of incorporation:____________________________________

1.3.2 State of incorporation:___________________________________

1.3.3 Assumed Names/counties of operation:______________________

1.3.4 President’s name and address:____________________________

1.3.5 Vice-president’s name and address:________________________

1.3.6 Secretary’s name and address:____________________________

1.3.7 Treasurer’s name and address:____________________________

1.3.8 Names and addresses of all Directors of the Corporation:

1.3.9 Names and addresses of all Shareholders of the Corporation:

1.3.10 Attach list of Names and Job Titles of all employees of the

Corporation.

1.3.11 Yes [ ] No [ ]

Has any officer, director and/or shareholder been a principal within the past 10 years of another business entity engaged in the Construction

Industry, whether or not that entity is currently active or inactive? If yes, Section 000300 Page 4 provide details.

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

1.4.1 Date of organization:_____________________________________

1.4.2 Type of partnership (if applicable):__________________________

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

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

1.5.1 Date of organization:_____________________________________

1.5.2 Name and address of Owner:

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

1.6.1 Yes [ ] No [ ]

Does this business own a 50% or greater interest in one or more other businesses? If so, identify them.

1.6.2 Yes [ ] No [ ]

Does this business have one or more affiliates, and/or is it a subsidiary of, or controlled by, any other business? If yes, provide details.

Section 000300 Page 5

1.6.3 Yes [ ] No [ ]

Has this business been a subcontractor on any contract in the past 3 years?

If yes, provide details.

2. LICENSING

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

2.2 List jurisdictions in which your organization’s partnership or trade name is filed.

2.3 Provide a copy of your company’s certification to do business in the State of New

York.

3. EXPERIENCE

3.1 List all categories of work that your organization normally performs with its own forces.

3.1.1 List the categories or work that your organization usually subcontracts.

Section 000300 Page 6

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

In the past 5 years, has this business and/or any affiliated business:

3.2.1 Yes [ ] No [ ]

Been debarred by any government agency from entering into contracts with that agency?

3.2.2 Yes [ ] No [ ]

Been found not responsible by any government agency?

3.2.3 Yes [ ] No [ ]

Been declared in default and/or terminated for cause on any contract, and/or had any contract cancelled for cause?

3.2.4 Yes [ ] No [ ]

Been denied the award of a contract and/or the opportunity to bid on a contract, including, but not limited to, failure to meet pre-qualification standards?

3.2.5 Yes [ ] No [ ]

Been suspended by any government agency from entering into any contract with it, and/or is any action pending that could formally debar or otherwise affect such business’s ability to bid or propose on contracts?

3.2.6 Yes [ ] No [ ]

In the past 5 years, has this business ever been unable to execute a contract with a government agency because it could not or did not provide the required security, including bid, payment, or performance bonds or any alternative deemed acceptable by the agency letting the contract?

3.2.7 Yes [ ] No [ ]

In the past 5 years, has this business or any affiliated business listed in response to Question 1.6.2 had any judgment or injunction obtained against it in any judicial action or proceeding, initiated by any government agency, elected official; and/or is any such action or proceeding now pending; and/or has it been in default at any time in the past year on any obligation to, or subject to any unsatisfied judgment, injunction or lien obtained by a government agency, including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any government agency?

3.2.8 Yes [ ] No [ ]

Has this business or any affiliated business listed in response to Question

1.6.2 filed a bankruptcy petition and/or been the subject of involuntary bankruptcy proceedings during the past 7 years, and/or for any portion of the last 7-year period been in a state of bankruptcy as a result of bankruptcy proceedings initiated more than 7 years ago, and/or is any such business now the subject of any pending bankruptcy proceedings, Section 000300 Page 7 whenever initiated?

3.2.9 Yes [ ] No [ ]

In the past 5 years, has this business and/or any of its owners and/or officers listed in Section 1 and/or any affiliated business listed in response to Question 1.6.2, been the subject of a criminal investigation and/or a civil anti-trust investigation by any federal, state or local prosecuting or investigative agency? And/or, in the past 5 years has any owner and/or officer of any affiliated business listed in response to Question 1.6.2 been the subject of a criminal investigation and/or a civil anti-trust investigation by any federal, state or local prosecuting or investigative agency, where such investigation was related to activities performed at, for, or on behalf of any affiliated business listed in response to Question 1.6.2?

3.2.10 Yes [ ] No [ ]

In addition to the information provided in response to 3.2.1 through 3.2.9, in the past 5 years, has this business and/or any of its owners and/or officers listed in Section 1 and/or any affiliated business listed in response to Question 1.6.2 been the subject of an investigation by any government agency, including but not limited to federal, state and local regulatory agencies? And/or, in the past 5 years, has any owner and/or officer of an affiliated business listed in response to Question 1.6.2 been the subject of any investigation by any government agency, including but not limited to federal, state and local regulatory agencies, for matters pertaining to that individual’s position at or relationship to an affiliated business listed in response to Question 1.6.2?

3.2.11 Has any current or former director, owner, officer, or shareholder as listed in Section 1, or managerial employee of this business, either before or during such person’s employment, or since such employment if the charges pertained to events that allegedly occurred during the time of employment by the submitting business, and allegedly related to the conduct of that business:

A. any felony charge pending?

B. any misdemeanor charge pending?

C. in the past 10 years, been convicted, after trail or by plea, of any felony and/or any other crime, an element of which relates to truthfulness or the underlying facts of which related to the conduct of business?

D. in the past 5 years, been convicted, after trial or by plea, of a

Section 000300 Page 8 misdemeanor?

3.2.12 Has this business, or any affiliated business listed in response to

Question 1.6.2:

A. any felony charge pending?

B. any misdemeanor charge pending?

C. any administrative charge pending?

D. in the past 10 years, been convicted, after trail or by plea, of any felony, or of any other crime, an element of which relates to truthfulness or the underlying facts of which related to the conduct of business?

E. in the past 5 years, been convicted, after trial or by plea, of any misdemeanor?

F. in the past 5 years, been found in violation of any administrative, statutory, or regulatory provisions?

3.2.13 Yes [ ] No [ ]

In the past 5 years, has this business or any of its owners or officers listed in Section 1, or any other affiliated business listed in response to Question

1.6.2 had any sanction imposed as a result of judicial or administrative proceedings with respect to any professional license held? If yes, provide details for each such instance.

3.2.14 Yes [ ] No [ ]

For the past 5 tax years, has this business failed to file any required tax returns or failed to pay any applicable federal, state of local taxes or assessments, including but not limited to water and sewer charges? If yes, provide details for each such year.

Section 000300 Page 9

3.3 Within the last 5 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 the answer is yes, please attach details.)

3.4 On a separate sheet, list all construction projects your organization has in progress, giving the name of project, owner’s name, address and telephone number, architect’s name, address and telephone number, contract amount, percent complete, personnel assigned and scheduled completion date.

3.4.1 State total worth of work in progress and under contract.

3.5 On a separate sheet, list all projects your organization has completed in the past 5 years, giving the name, address and telephone number of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces.

3.5.1 State average annual amount of construction work performed during the past 5 years.

3.6 On a separate sheet, list the construction experience and present commitments of the proposed project manager and superintendent and key individuals of your organization.

4. REFERENCES (include name, address, telephone number, and contact person).

4.1 Trade References (minimum 4):

4.2 Bank References (minimum 2):

Section 000300 Page 10

4.3 Surety:

4.3.1 Name of bonding company and state of license/registration:

___NOT APPLICABLE TO THIS CONTRACT _____________

4.3.2 Name and address of agent:

___NOT APPLICABLE TO THIS CONTRACT______________

4.3.3 Bond number performance and payment:

___NOT APPLICABLE TO THIS CONTRACT _____________

5. FINANCIAL INFORMATION

5.1 Financial Statement.

5.1.1 Annual gross revenue (check one):

[ ] $0 - 49,999 [ ] $625,000 - 849,999 [ ] $2,000,000 - 2,499,999

[ ] $50,000 - 99,999 [ ] $850,000 - 999,999 [ ] $2,500,000 - 4,999,999

[ ] $100,000 - 499,999[ ] $1,000,000 - 1,499,999 [ ] $5,000,000 or more

[ ] $500,000 - 624,999[ ] $1,500,000 - 1,999,999

5.1.2 Attach an audited financial statement, including your organization’s latest balance sheet and income statement to confirm the above and to support the following:

A. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses);

B. Net Fixed Assets;

C. Other Assets;

Section 000300 Page 11

D. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes);

E. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings);

F. Yes [ ] No [ ]

Does any individual or other business have the right to acquire ownership of the submitting business’s stock within one year, pursuant to any stock option, warrant or right, or other similar arrangement, which if exercised, would constitute 10% of the outstanding stock when combined with such individual’s or business’s current holdings? If yes, provide details for each such individual or business.

G. Yes [ ] No [ ]

Has this business pledged or hypothecated 10% or more of its stock to another business or individual to guarantee payment for a debt or obligation? If yes, provide details.

5.1.3 Name, address, contact person and telephone number of firm preparing attached financial statement and date thereof:

5.1.4 Yes [ ] No [ ]

Is the attached financial statement for the identical organization named on page “1"?

5.1.5 If not, explain and attach written documentation for the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary).

5.2 Yes [ ] No [ ]

Will the organization whose financial statement is attached act as guarantor of the contract for construction?

Section 000300 Page 12

5.3 Dun and Bradstreet number (if any):______________________________

5.4 Other credit service name and number: __________________________________

CERTIFICATION

A MATERIALLY FALSE STATEMENT WILLFULLY OR FRAUDULENTLY MADE IN

CONNECTION WITH THIS QUESTIONNAIRE MAY RESULT IN RENDERING THE

SUBMITTING BUSINESS ENTITY NOT RESPONSIBLE WITH RESPECT TO THE

PRESENT BID OR FUTURE BIDS, AND, IN ADDITION, MAY SUBJECT THE PERSON

MAKING THE FALSE STATEMENT TO CRIMINAL CHARGES.

I, ______________________________, being duly sworn, state that I have read and understand all the items contained in the foregoing ___ pages of this questionnaire and the following ___ pages of attachments; that I supplied full and complete answers to each item therein to the best of my knowledge, information and belief; that I will notify the Agency in writing of any change in circumstances occurring after the submission of this questionnaire and before the execution of the contract; and that all information supplied by me is true to the best of my knowledge, information and belief. I understand that the Dutchess County Water and Wastewater Authority will rely on the information supplied in this questionnaire as additional inducement to enter into a contract with the submitting business entity.

Sworn to before me on

_____________, 20__.

NOTARY PUBLIC

Name of submitting business

By

Print name

Signature

Title

000410a

Dutchess County Water and Wastewater Authority Lagrange Office Building

2026 Roof Sealing PWSC No. LGR-2026-09

ITEMIZED BID SHEET

CONTRACTOR NAME:___________________________________

E-MAIL ADDRESS:___________________________________

BY:___________________________________

SIGNATURE:___________________________________

ITEM NO./DESCRIPTION

EST.

QTY.

PAYMENT

UNIT

UNIT PRICE BID

TOTAL

PRICE BID

WRITTEN AMOUNT

IN FIGURES

1 Mobilization and Demobilization

N/A

LUMP SUM

2 All materials needed N/A LUMP SUM

3 All labor needed N/A LUMP SUM

4 All equipment needed N/A LUMP SUM

TOTAL BID COST WRITTEN IN WORDS

______________________________________________________________ DOLLARS AND

______________________________________________________________ CENTS

TOTAL BID

COSTS:

000520-1

SECTION 00520

PUBLIC WORKS CONTRACT NO. (PWC)

WEST DORSEY WATER MAIN EXTENSION

PWC-WDW-2026-06-GENERAL CONSTRUCTION

THIS AGREEMENT (the "Contract") made as of the ___ day of __________, 2026, by and between the Dutchess County Water and Wastewater Authority having its offices at 1 Lagrange Ave., Poughkeepsie, NY 12603 (the "Authority)", a public benefit corporation, and

___________________________(a corporation) (a partnership) (an individual doing business as)

_____________________________ of ___________________, County of

______________________, and State of _________________, (the "Contractor").

WITNESSETH: That for, and in consideration of, the payments and agreements hereinafter set forth, to be made and performed by the Authority, the Contractor hereby agrees with the Authority to commence and complete the work described in Exhibit A – Project Manual attached hereto (the

"Project") for the Unit Price amount not to exceed __________________ Dollars ( $ ___________) as described in Exhibit B – Bid Proposal Form including Itemized Proposal Sheet (the "Contract

Price") and all extra work in connection therewith (collectively, the "Work"), in accordance with the terms and conditions set forth herein; and at his (it’s or their) sole cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the Project in accordance with the conditions and prices stated in the Exhibit B, the building floor plan, and any other printed or written explanatory matter thereof, the Specifications, and this Contract, all of which are Contract Documents and all of which are incorporated herein, made a part hereof and collectively evidence and constitute the

Contract.

The Authority and the Contractor further agree as follows:

A. Work

The Contractor, at its sole cost and expense, shall furnish all materials, appliances, tools, and labor of every kind required for, and will complete and finish the Work in the most workmanlike and substantial manner and in strict compliance with the Contract Documents which are made a part hereof as fully as if the same were repeated at length herein, and perform all of the terms and conditions of this Contract on its part to be performed.

B. Examination of Documents and Site and Permits

000520-2

The Contractor represents that before making its proposal, the Contractor carefully examined the all of the Contract Documents, together with the site of the Project, and is fully informed regarding all of the conditions affecting the Work and the labor and materials to be furnished for the completion of this Contract. The Contractor shall secure, at its own cost and expense, all necessary permits required in connection with the Work.

The Contractor shall submit all forms required by Federal and State Tax Laws to including

IRS Form W-9 to the Authority along with the Contract documents.

C. Time of Completion

The Contractor will begin the Work within ten (10) days of the receipt of the Authority’s written Notice to Proceed, unless the Notice to Proceed specifies a later commencement date, and will prosecute the Work without interruption, so that it will be entirely completed and ready for final payment within 90 calendar days from the commencement date established in the Notice to Proceed (the "Contract Time"), unless the Contract Time is extended in writing by the Authority.

D. Liquidated Damages for Delay

1. If the Contractor fails to substantially complete the Work within the substantial completion time (as the same may be extended in writing by the Authority), the

Contractor shall pay the Authority the amount of Seven Hundred and Fifty Dollars

($750.00) for each and every calendar day beyond the substantial completion time until the Work is substantially complete to compensate the Authority for the damages sustained by the Authority by reason of the delay in obtaining beneficial use of the

Work. If the Contractor fails to complete the Work within the Contract completion time

(as the same may be extended in writing by the Authority), the Contractor shall pay the

Authority the amount of Two Hundred Dollars ($200.00) for each and every calendar day beyond the contract completion time until the Work is complete and ready for final payment to compensate the Authority for the damages sustained by the Authority by reason of the delay in obtaining beneficial use of the Work. The Contractor agrees that the Authority's actual damages for delay in obtaining beneficial use of the Work would be difficult or impossible to ascertain and that such amount constitutes a fair and reasonable amount of damages for the Authority's loss of beneficial use and does not constitute a penalty.

2. The Authority shall deduct any amounts owing to the Authority as liquidated damages

000520-3 from any unpaid balance of the Contract Price, and the Contractor shall pay to the

Authority, upon demand, any amount for liquidated damages which exceeds the unpaid balance of the Contract Price.

3. This paragraph D is intended to supplement (and not to restrict) all other rights and remedies of the Authority under the Contract, which rights and remedies are cumulative and not exclusive. This Article is not intended, and shall not be construed, to limit the

Authority's right to claim and recover actual damages from the Contractor.

E. Contractor Representations

1. The Contractor represents and covenants that the only person or persons interested as principal or principals in the proposal submitted by the Contractor for this Contract are identified in such proposal, and that no person other than those identified therein, except regular agents of the Contractor, has any interest in such proposal, or in the securing of the award of this Contract, and that this Contract has been secured without any connection with or to any person or persons other that those so identified, and that the proposal is in all respects fair, and was prepared, and the Contract was secured, without collusion or fraud, and that no officer or employee of the Authority has or shall have a financial interest in the Contract, or in the materials, supplies, work, or business to which it relates, or in any portion of the proceeds thereof.

2. The Contractor represents and covenants that the Contractor, its officers, employees, agents, servants, contractors and subcontractors have and shall possess the licenses, experience, knowledge, knowhow, qualifications, financial ability, and character necessary in order to fully perform the obligations of the Contractor in accordance with the Contract Documents.

3. The Contractor represents and covenants that the Contractor shall employ upon the work only individuals legally permitted to work in the United States of America.

F. Payment

1. The Contractor shall submit all forms required by Federal and State Tax Laws to the

Authority prior to the first request for payment.

2. Prior to substantial completion of the work, the Authority will audit each month and pay such amount as the Authority’s representative shall have certified has been earned by the Contractor on account of the Contract Price, less 5% of that amount which will be paid to the Contractor upon completion of the Work.

000520-4

Upon substantial completion of the work, the Authority will pay the Contractor an amount sufficient to increase payments to 100% of the work completed, less such amounts as the Authority’s representative shall determine to cover the cost of incomplete or unacceptable work and less 200% of the Authority’s representative’s estimate of the value of work to be completed or corrected as indicated on the list of items to completed or corrected by the Authority’s representative on the Certificate of

Substantial Completion.

3. The Contractor shall submit no later than the 5th day of each month such documents as the Authority requires to process payment for the previous period, which include an

Authority Payment Voucher, attached hereto as Exhibit E, along with the Contractor

Invoice and Certified Payroll. Should all documents required be found satisfactory, the

Authority will schedule payment no later than the 5th day of the following month.

4. With each requisition, the Contractor and its subcontractors shall submit the verified statements required by and meeting the requirements of Section 220-a of the Labor Law.

5. This Authority may withhold payments to protect itself from loss on account of:

a. Claims, liens, or actions made or filed, or reasonable evidence indicating the probability that such claims, liens or actions may be made or filed.

b. Failure of the Contractor to comply with the requirements or the Contract

Documents.

c. Un-remedied defects in the Work.

d. Failure of the Contractor to make payments for labor, material, supplies, or to sub-contractors.

e. Any other fact or circumstance which forms the basis for a claim by the Authority against the Contractor.

6. Upon the faithful performance and full completion of the Work and within forty (40) days after acceptance by the Authority, the Authority will pay to the Contractor the amount herein before stated and named in the proposal attached to this Contract, (taking into account any additions or deductions) less than the total of all previous payments.

The acceptance by the Contractor of the final payment shall be and shall operate as a complete release of the Authority from all claims and of all liability to the Contractor for all things done or furnished in connection with or arising out of the Work and for every act or omission of the Authority and others relating to or arising out of the Work.

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No payment, however, final or otherwise, shall operate to release the Contractor or its sureties from any obligations under this Contract.

G. Assignment

The Contractor shall not assign, transfer, convey, sub-let or otherwise dispose of this

Contract, or any part thereof, or his right, title, and interest therein or his power to execute the Contract, or monies due or to become due hereunder, to any person, firm or corporation without the prior written consent of the Authority. In the event of a prohibited assignment, transfer, conveyance, subletting, or other disposition of this Contract, the provisions of

State Finance Law, section 138 shall apply.

H. Suspension or Termination of Work

If at any time during the prosecution of the Work, the Authority shall determine that the

Work is not being performed according to the Contract, or if the Authority deems it to be in its best interests, the Authority may suspend or terminate the Work. The Authority shall provide to the Contractor written notice of the suspension of the Work, which notice shall describe the remedy that the Authority is seeking from the Contractor. If the Contractor fails to remedy the conditions described in the Authority's notice within five (5) working days of receipt of such notice, the Authority may thereupon complete the Work or cause the Work to be completed in accordance with the Contract Documents as the Authority deems to be in its best interests and the cost thereof in excess of the unpaid balance of

Contract Sum shall be paid by the Contractor to the Authority.

Should the Authority determine that it wishes to terminate the Contract for its convenience, the Authority shall issue to the Contractor a notice of termination, whereupon the

Contractor shall terminate the Work in a safe manner and submit to the Authority a request for payment for Work completed to date, but not yet compensated for, without further liability to the Contractor. Termination for convenience shall be effective thirty (30) days after the issuance of such notice by the Authority.

I. Site Supervision

The Contractor shall employ and keep at the Project site a competent and experienced supervisor during the progress of the Work. Such supervisor is subject to the approval of the Authority and shall not be changed without the prior written consent of the Authority, unless such person proves to be unsatisfactory to the Contractor or ceases to be in its employ, in which case the Contractor shall supply a competent and experienced

000520-6 replacement. Such supervisor shall represent the Contractor in its absence and all directions given to him shall be as binding as if given to the Contractor.

J. Labor Law

The Contractor shall comply in every respect with the provisions of Article 8 of the Labor

Law, including, without limitation, Section 220 thereof, as the same may be amended from time to time.

K. Discrimination

The Contractor shall comply with the provisions of Section 220-e of the Labor Law, as amended, as follows:

1. That in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, no Contractor, subcontractor, or any person acting on behalf of such Contractor or subcontractor, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;

2. That no Contractor, subcontractor or any person on his behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, disability, sex or national origin;

3. That there may be deducted from the amount payable to the Contractor under this

Contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions hereof;

4. That this Contract may be cancelled or terminated by the Authority, and all moneys due or to become due hereunder may be forfeited, for a second and any subsequent violation of the terms or conditions of this paragraph K.

L. Equal Employment Opportunity (EEO)

Not applicable

M. Damages

1. All damages of any nature resulting from or arising out of the Work or the performance thereof shall be borne and paid or otherwise remedied by the Contractor, and all Work shall be solely at its risk until it has been finally inspected and accepted by the Authority.

2. The Contractor shall indemnify, defend and save harmless the Authority, its directors, 000520-7 officers, employees, consultants, vendors, contractors and agents from suits, actions, damages, liabilities, losses, expenses, including, without limitation, reasonable attorney’s fees, and costs of every type and description resulting from or arising out of the Work under this Contract, and the Authority may retain such monies from the amount owed the Contractor as may be necessary to satisfy any claim asserted or threatened against the Authority or any other indemnified party. The Contractor's obligations under this paragraph shall not be deemed waived by the failure of the

Authority to retain the whole or any part of such monies owed the Contractor, nor shall such obligation be deemed limited or discharged by the enumeration or procurement of any insurance for liability for damages imposed upon or asserted against the Contractor, subcontractor, the Authority or any other indemnified party.

N. Workers' Compensation Insurance

1. The Contractor shall take out and maintain during the life of this Contract statutory levels of workers compensation insurance as required by New York State for all of such

Contractor's employees who will be engaged in Work at the sites of the Project, and if any part of the Work is to be performed by a subcontractor, the Contractor will require each such subcontractor to maintain such insurance for all of the subcontractor's employees who will be so engaged unless the latter's employees are protected by the

Contractor's workers' compensation Insurance. This insurance shall remain in force through final Contract payment. Proof of all such coverage shall be provided to the

Authority prior to the commencement of the Work. Please note that the Workers

Compensation form must be on its own form as providing an Acord form with the coverage dates is not acceptable to the New York State Workers Compensation Board.

The Authority requires one of the following acceptable New York State Workers

Compensation Form numbers: C105.2, U-26.3, SI-12, GSI-105.2.

2. PURSUANT to Section 108 of the General Municipal Law of New York State, this

Contract shall be void and of no effect unless the person or corporation making or performing this Contract shall secure compensation for the benefit of, and keep insured during the life of this Contract, employees engaged in the Work in compliance with the provisions of the Worker's Compensation Law.

3. Worker’s Compensation Policy Certificates provided by a Contractor or Insurance

Company that are from out of New York State that are not part of the NYS Worker’s

Compensation Insurance Program shall specifically state on certificates of insurance

000520-8 provided the following:

“This policy is extended to cover the Insureds’ operations and locations while working in the State of New York and benefits will be paid under the New York State Worker’s

Compensation Law.”

O. Liability Insurance

1. The Contractor shall take out and maintain during the life of this Contract up to and until the time of final payment has been rendered to the Contractor by the Authority, comprehensive general liability insurance which includes premises and operations, comprehensive automobile liability insurance and Excess (Umbrella) . The amounts of each insurance policy shall be as follows:

a. General Liability - $1,000,000.00 each occurrence, $2,000,000.00 Aggregate

b. Automotive Liability - $1,000,000.00 Combined Single Limit

c. Excess (Umbrella) Liability - $3,000,000.00

The above policies for insurance must be so written as to include contingent liability, contingent property damage insurance to protect the Contractor against claims arising from the operation of subcontractors. Insurance shall remain in effect through final

Contract payment.

The Contractor, with the approval of the Authority, may increase the Excess Liability insurance level to supplement its existing insurance levels should the levels not meet those specified.

Insurance under this section shall be carried with an insurer authorized to do business in the State of New York by the State Insurance Department with an A.M. Best rating of A or better.

2. The Contractor shall furnish the Authority with satisfactory proof of the carriage of all insurance required under this contract.

3. The Authority and the County of Dutchess, New York, shall be named as additional insured on all policies except Workers compensation and professional liability insurance.

P. Disability Benefits

The Contractor shall take out and maintain during the life of this Contract statutory disability benefits insurance as required by New York State for all of such Contractor’s

000520-9 employees for whom it is required and will also require a subcontractor, or subcontractors, if any, to maintain such insurance.

Q. Unemployment Insurance

The Contractor shall take out and maintain during the life of this Contract statutory unemployment benefits insurance as required by New York State for all of the Contractor’s employees for whom it is required and will also require a subcontractor, or subcontractors, if any, to maintain such insurance.

R. Authority’s Representative

The Work under this Contract is to be done under to the satisfaction of Owner’s representative, and all work products shall be subject to his or its acceptance.

S. Prevailing Wage Rates

1. Attention is directed to the statutory provisions governing the payment of prevailing rates of wages for workmen, mechanics and laborers who are employed on the Project.

2. Section 220 of the Labor Law of New York State as amended requires that the wages paid for a legal day's work shall be not less than the rate of wages plus the supplements prevailing at the time the work is performed, the current schedules of which are included by Exhibit C, Prevailing Wage Rate Supplement, as part of this Contract. Such schedules may be amended or supplemented from time to time by the NYS Department of Labor (DOL). Such amendments or supplements must be obtained by the Contractor directly from the DOL, and the Contractor has sole responsibility for conformance to such amendments or supplements.

3. Labor classifications not appearing on the DOL prevailing wage rate determination cannot be used for the purpose of payment of salaries or contract payment. The

Contractor shall advise the Authority if it believes an applicable labor classification has been omitted. All requests for minimum wage rates for additional labor occupations shall be directed to the Authority. The Authority will obtain additional labor classifications from the DOL, or advice of the determination by DOL of the applicable classification to be used.

4. The Contractor represents that it has taken into account in its prices all changes in wage rates and supplements that may be forthcoming during the time the Contract is in effect.

T. Notice of the State Commission against Discrimination

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It is hereby agreed by and between the parties hereto that every Contractor and subcontractor engaged in the public work described in this Contract shall post and maintain at each of his or its establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission Against Discrimination, indicating the substantive provision of the Law against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment.

U. Changes in the Work and Claims for Extra Work

The Authority reserves the right to order extra work, or make changes by altering, adding to, or deducting from the Work without invalidating the Contract. The Lump Sum Contract shall be adjusted by the Contractor's cost, plus profit percentage, for said change. The cost, plus profit percentage, for said change shall be ten percent (10%) for overhead and five percent (5%) for profit. Any claims for extension of the Contract Time caused by said changes shall be stated in writing and shall be subject to the Authority's approval. The

Contract shall be adjusted for all deductions in the Work by the Contractor's estimate and the Authority's acceptance, or vice versa, of a lump sum for said deduction.

V. Deductions for Uncorrected Work

The Authority shall make an equitable deduction from the Contract Price for any uncorrected Work or Work not done in accordance with the Contract Documents. If the amount of such deduction exceeds the unpaid balance of the Contract Price, the Contractor shall pay to the Authority the amount of such excess.

W. Subcontractors

1. The Contractor shall submit in writing to the Authority a list of all subcontractors, if any, whom he shall engage in Work prior to awarding any subcontracts. The Contractor shall not employ any subcontractor to whom the Authority may have a reasonable objection, nor shall the Contractor be required to employ any subcontractor against whom the Contractor has a reasonable objection. The Contractor shall bind every subcontractor to the terms of this Contract as far as applicable to his work and shall assume full responsibility to the Authority for acts and omissions of its subcontractors.

2. There shall be no contractual relationship between the Authority and any…