RAG Radon RFP Plus Samples.pdf

www.westerncatskills.org info@westerncatskills.org

125 Main Street, Suite A, Stamford, N.Y. 12167

(607) 652-2823

REQUEST FOR PROPOSALS

Radon Testing

DRI 20250557

1. General Information Roxbury Arts Group is seeking proposals from New York State Certified Radon Testing contractors/firms, to provide radon testing services.

The purpose of this Request for Proposal (RFP) is to receive responses from pre-qualified, NYS certified radon testing contractors/firms.

Project location is located within the Town of Roxbury, NY Delaware County.

2. Scope of Services The individual or firm selected will undertake the following services:

A. Perform radon testing using a CRM (continuous radon monitor) and in compliance with NYS DOH regulations.

B. Provide test results. Reports are expected within 2 days of retrieving the CRM.

C. All work must be done in accordance with EPA and HUD regulations.

3. Proposal Format All proposals shall include the following minimum information:

A. Description of Organization B. Organization Qualifications

Provide an outline of organization qualifications indicating relevant background experience, certification, and capabilities for this work.

C. References, Related Experience and Examples of Work D. Billing Rate/Fee Schedule

Proposal for services shall indicate a flat fee for the cost of radon testing. All fees proposed shall be inclusive of any and all costs related to scope of work (fees, permits, travel, etc).

E. Copies of all professional licenses, certificates, etc.

4. Insurance Coverage A minimum of $1,000,000 in general liability ($500,000 death/disability $500,000 property) and a workers compensation policy is required, proposal shall include copies of current workers compensation and liability insurance.

5. Selection Process WCCRC staff will select the most qualified proposal based upon the following factors:

A. Qualifications B. Selection Criteria

I. Ability to carry out and manage the proposed Project.

II. An assessment of general experience.

III. The number of and types of projects that have been completed.

IV. The ability to respond and realize timelines.

V. Scope of services

VI. The ability to work with the WCCRC project manager, to bring about a successful completion.

VII. Willingness to Comply with the Proposed Agreement Terms and Conditions.

A sample master service agreement is attached. Proposals will be rated based on any exceptions made in the proposed contract.

VIII. Billing Rate/Fee Schedule.

C. Award of Contract

Once proposals are received, reviewed, and evaluated by WCCRC staff, an award will be made within 1 week of the bid due date. All candidates will be notified via email.

6. Proposal Due Date and Delivery Proposals shall be submitted either by electronic format to the WCCRC Program Manager @ reneew@westerncatskills.org, hand delivered or by mail to WCCRC, 125 Main Street, Suite A, Stamford, NY 12167.

Proposals must be received no later than 8:00 am on Monday May 25, 2026. Proposals received after this date and time may not be considered. It is the proposer’s responsibility to clearly identify the RFP name on the submission, i.e. in the subject line, and to confirm receipt. WCCRC will not be held liable for negligence on the proposer’s part, to confirm receipt.

7. Payment

Payment will be made by check on a per project basis after the required work is completed, and upon receipt of a detailed invoice showing the service address, description and total amount due.

8. General

WCCRC reserves the right to reject any and all proposals, reissue an RFP, or proceed in an alternative fashion as may be permitted by the applicable rules, regulations and policies of the NYS CDBG Program.

mailto:reneew@westerncatskills.org

Minority and Woman Owned Business Enterprises, Service-Disabled Veteran Owned Businesses, and Section 3 registered firms are strongly encouraged to apply.

Call (607) 652-2823 ext. 101, for any questions.

9. Attachments I. Sample Professional Services Agreement

II. Required Federal Contract Provisions

Required Federal Contract Provisions

1. Equal Employment Opportunity – This construction contract has been awarded in excess of $10,000 and is in compliance with Executive Order 11246, “Equal

Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order

11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c) – This construction and any subcontracts in excess of $2,000 for construction or repair are in compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and

Subcontractors on Public Building or Public Work Financed in Whole or in Part by

Loans or Grants from the United States”). Furthermore, the Recipient agrees to comply with the Copeland Anti-Kick Back Act (18 US 874 et seq.) and its implementing regulations of the US Department of Labor at 29 CFR 5. The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. All suspected or reported violations shall be reported to the Federal awarding agency.

3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) – 40 USC, Chapter 3, Section

276a-276a-5; and 29 CFR Parts 1, 3, 5, 6 and 7 are triggered when construction, renovation or repair work over $2,000 is financed in whole or in part with CDBG funds.

It requires that workers receive no less than the prevailing wages being paid for similar work in the same area. Davis-Bacon does not apply to the rehabilitation of residential structures containing less than eight (8) units or force account labor (construction carried out by employees of the Subrecipient). The subrecipient shall maintain documentation that demonstrates compliance with hours and wage requirements.

Such documentation shall be made available to the Corporation for review upon request.

4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) – This construction contract(s), if awarded in excess of $100,000 is in compliance with

Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40

U.S.C. 327-330), as supplemented by Department of Labor regulations (29 CFR part

5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous on federal and federally financed and assisted construction projects. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5. Patent Rights to Inventions Made Under a Contract or Agreement – This construction contract and agreements for the performance of experimental, developmental, or research work shall provide for the patent rights of the Federal

Government and the Recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business

Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control

Act (33 U.S.C. 1251 et sea.), as amended – This construction contract and subcontracts of amounts in excess of $100,000 are in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq,). Violations shall be reported to the Federal awarding agency and the Regional

Office of the Environmental Protection Agency (EPA).

7. Section 3 12 U.S.C. 1701u of The Housing and Community Development Act of

1968, as amended – This construction contract, if in excess of $200,000 is in compliance with Section 3 and the contractor shall include the clause set forth at 24

CFR 135.38 as provided in the Section 3 Rider.

8. Additional Contract Provisions - The following provisions are also included.

a. This construction contract, if in excess of the most restrictive small purchase threshold (Federal/State/Local) contains contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances by which a contractor violates or breaches the contract terms and provides for such remedial actions as may be appropriate.

Location of clause_________________________________________________.

b. This construction contract, if in excess of $10,000 contains suitable provisions for termination by the Recipient, including the manner by which such termination shall be affected and the basis for settlement.

c. Except as otherwise required by statute, an award that requires the contracting (or subcontracting) for construction or facility improvements shall provide for the

Recipient to follow its own requirements relating to bid guarantees, performance bonds, and payment bonds unless the construction contract or subcontract exceeds $100,000. For those contracts or subcontracts exceeding $100,000, the

OCR may accept the bonding policy and requirements of the Recipient, provided the OCR has made a determination that the Federal Government’s interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows:

i. A bid guarantee from each bidder equivalent to five percent of the bid price.

The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of this bid, execute such contractual documents as may be required within the time specified.

Location of Bid Bond ____________________________________________.

ii. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract.

Location of Performance Bond _____________________________________.

iii. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract.

Location of Payment Bond ________________________________________.

iv. Where bonds are required in the situations described herein, the bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, “Surety Companies Doing Business with the United States.”

d. All negotiated contracts awarded by Recipients or subrecipients shall include a provision to the effect that the Recipient or subrecipient, the OCR, the Comptroller

General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions.

e. To the fullest extent permitted by law, the Recipient and Subrecipient shall and hereby agrees to hold harmless, defend (with counsel acceptable to the

Corporation) and indemnify the Corporation and each and all of its successors, affiliates, or assigns, and any of their employees, officers, directors, attorneys, consultants, agents, managers, and affiliates, from and against any and all damages, costs, attorneys’ fees, claims, expenses, injuries, property damage, causes of action, violations of law, violations of this Agreement, and losses of any form or nature arising from or related to the conduct of Subrecipient in the performance of the efforts called for in this Agreement. This indemnity shall expressly include, but is not limited to, the obligation of Subrecipient to indemnify and reimburse the Corporation for any and all attorneys’ fees and other litigation or dispute resolution costs incurred or to be incurred in the Corporation’s enforcement of this Agreement or any portion thereof against Subrecipient or otherwise arising in connection with Subrecipient including but not limited to

Subrecipient’s breach, violation, or other non-compliance with this Agreement.

This clause shall survive indefinitely the termination of this Agreement for any reason.

f. This construction contract and all subcontracts acknowledge that all parties shall are bound by, and will comply with all applicable Federal, State, and local laws and regulations, including but not limited to 2 CFR Part 200 Appendix II (Contract

Provisions for non-Federal Entity Contracts Under Federal Awards) and 24 CFR

Parts 570.

Location of clause_________________________________________________.

9. Anti- Job Pirating 24CFR 570.482 - All Economic Development, Small Business, and Microenterprise contracts shall contain a provision acknowledging that

Community Development Block Grant Funds will not be used to assist directly the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area (LMA) from which the relocation occurs. For additional information, see the HUD CDBG Memorandum on Job Pirating Activities

(https://www.hudexchange.info/resource/2219/cdbg-memorandum-job-piratingactivities/) and 24 CFR 570.482(f).

Location of clause_________________________________________________

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (this “Agreement”) is made and entered into as of the ____ day of ____________________, 20____ (the “Effective Date”), by and between ____________________ (“the

Client”) and _______________________________________, with an office located at

_______________________________________________________ (the “Service Provider”).

WHEREAS, the Client wishes to obtain the professional services of the Service Provider; and, WHEREAS, the Service Provider has the knowledge, skill and capability to perform such services for the Client.

WHEREAS, the Service Provider has the knowledge of and agrees to follow any required federal contract provisions that may be applicable and of which may include the following Acts: Equal Employment

Opportunity, Copeland "Anti-Kickback ", Davis-Bacon, Contract Work Hours and Safety Standards, Patent

Rights, Clean Air, The Housing and Community Development Act.

THEREFORE, in consideration of the foregoing, the parties, intending to be legally bound, hereby agree to the following:

1. Services. The Service Provider is hereby retained by the Client, and Service Provider agrees to provide the services set forth on Exhibit A attached hereto and incorporated herein by this reference (the

“Services”). Services shall be performed in accordance with the timeline set forth in Exhibit A, or any supplemental schedule prepared by the Service Provider and agreed to in writing by an authorized representative of the Client.

2. Service Requirements. The Services delivered hereunder shall conform in all material respects to the specifications set forth in Exhibit A and any other requirements agreed upon by the parties in writing.

Service Provider agrees to use sound and professional principles and practices in accordance with normally accepted industry standards in rendering Services hereunder, and Service Provider further agrees that performance shall reflect the best professional knowledge, skill and judgment of Service

Provider. Service Provider shall furnish competent personnel for fulfillment of its obligations. If the

Client deems Service Provider personnel unsatisfactory to perform Services due to a failure by such personnel to comply with the terms and conditions imposed on Service Provider as set forth herein, such personnel shall be removed immediately.

3. Nature of Services.

a. Work Product. Any and all reports, documentation, files, media and other materials created or produced by Service Provider in connection with the Services rendered hereunder shall be deemed “Work Product.”

b. Work Made for Hire. The Work Product shall constitute works-made-for-hire belonging exclusively to the Client. To the extent that any Work Product does not constitute a work-made-for-hire owned by the Client, Service Provider agrees to assign and transfer all of its right, title and interest in such Work Product to the Client.

Modifications to Work Product. The Client retains the right to modify the Work Product or to merge the Work Product into other documents or other materials owned or utilized by the

Client.

c. Service Provider Proprietary Material. Client does not under this Agreement acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies or other material which has not or is not created as part of the Services to be rendered hereunder which is proprietary to Service Provider (“Service Provider Proprietary Material”).

However, if Service Provider incorporates any Service Provider Proprietary Material into any

Work Product, or any of the Work Product requires Service Provider Proprietary Material in order to operate or otherwise be use-able by the Client, Service Provider hereby grants the

Client a nonexclusive, royalty free, fully paid, perpetual, irrevocable license to use the Service

Provider Proprietary Material as part of the Work Product.

d. Third Party Proprietary Material. The Client does not under this Agreement acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies or other material which is proprietary to any third party (“Third Party Proprietary Material”).

The Client shall be responsible for obtaining any necessary licenses for Third Party

Proprietary Material. Service Provider may not incorporate any Third Party Proprietary

Material into the Work Product without the prior written consent of the Client.

4. Payment. The Client agrees to pay Service Provider $_____________ for Services completed in accordance with the terms of this Agreement. The fee shall be due and payable as specified in Exhibit

A. The fee shall be payable within thirty (30) days after receipt and approval by the Client. Except as otherwise specified in Exhibit A, Service Provider shall not incur or charge the Client any other fees or expenses without the prior written authorization of the Client. Performance beyond the limitations set forth in this Agreement (either financial or time period) shall be at the sole risk and responsibility of the Service Provider, and the Client shall not be obligated to pay for Services exceeding the funding or contract period of this Agreement.

5. Term. The term of this Agreement shall commence on the Effective Date and shall continue until

_________________, 20____ unless this Agreement is otherwise extended or terminated in accordance with the terms specified herein.

6. Entire Agreement. This Agreement, including the exhibits hereto, represents the entire agreement between the parties hereto and supersedes all prior and contemporaneous written or oral agreements and all other communications between the parties relating to the Services to be rendered hereunder.

Any additions, deletions or modifications shall not be binding on either party unless accepted and approved in writing by duly authorized representatives of both parties. In the event of any contradictory provisions between this Agreement and the terms of any Exhibits, attachments or schedules hereto or any purchase order or other documents issued by the Client or Service Provider in connection herewith, the terms set forth in the body of this Agreement shall prevail.

7. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, and such counterparts will together constitute the same instrument.

8. Severability. The provisions of this Agreement shall be deemed severable, and if any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the parties, unless to do so would clearly violate the present legal and valid intention of the parties hereto.

9. Remedies. Pursuit by either party of any remedies described herein, or otherwise available at law or in equity, shall not preclude pursuit by that party of any other remedy or remedies provided herein or otherwise available at law or in equity. All remedies, rights, undertakings, obligations and agreements shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.

IN WITNESS WHEREOF, this Professional Services Agreement has been duly executed by the authorized representatives of the parties hereto as of the date first set forth above.

Dated: ____________________, 20____

Dated: ____________________, 20____

CLIENT

By: _________________________________

Name: ______________________________

Title: _______________________________

SERVICE PROVIDER

By: _________________________________

Name: ______________________________

Title: _______________________________ Attachment(s):

Exhibit A - Services https://esign.com https://esign.com

EXHIBIT A — SERVICES

1. Statement of Purpose

2. Scope of Services

3. Project Milestones

4. Deliverables and Acceptance Criteria

Deliverables Acceptance Criteria

5. Place of Performance

Form Made Fillable by eForms https://eforms.com