RFB-2025-39R Glendale Nursing Home Garage.pdf

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COUNTY OF SCHENECTADY

REQUEST FOR BIDS

Schenectady County Office of Facilities

Bid # RFB-2025-39R

GLENDALE NURSING HOME GARAGE

SCHENECTADY COUNTY PURCHASING DEPARTMENT

County Office Building 620 State Street – 2nd Floor

Schenectady, New York 12305 purchasing@schenectadycountyny.gov

Website: www.schenectadycountyny.gov 518.388.4240 http://www.schenectadycounty.gov/

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UPDATE:

NYS DEPARTMENT OF LABOR

Contractor and Subcontractor Registry

Starting December 30, 2024, ALL contractors and sub-contractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

The registry is now available:

Website: https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing

Schenectady County Request for Bid

RFB-2025-39R

Bid Submissions Checklist

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COUNTY OF SCHENECTADY

REQUEST FOR BIDS

Schenectady County Office of Facilities

Bid # RFB-2025-39R

GLENDALE NURSING HOME GARAGE

Key Bid Dates

October 23, 2025 at 2:00 PM On Site Walkthrough October 30, 2025 at 2:00 PM Last Date/Time to Submit Questions November 6, 2025 at 2:00 PM Bid Submission Deadline/Bid Opening

BID SUBMISSION CHECKLIST

(Please RETURN ONLY the FOLLOWING ITEMS with your BID Submission).

Do not return the full specification set. If incomplete, bids will be rejected.

Check Mark Description NYSDOL Registration Certificate (If Bidder has not submitted in previous bid) Bid Cover Page/Checklist (This Page)

Bid Form

Bid Bond-5% (or Certified Check)

Non-Collusion Form

Iranian Divestment Form

Russian Divestment Form

Board of Directors Resolution (if applicable)

Disclosure of Prior Non-Responsibility Determinations.

Certification for the Prevention of Sexual Harassment

Subcontractor’s Listing (If there are none-you must notate and submit still.)

Bidders Qualifications

Apprenticeship (If bid is for construction project > $200,000.)

MWBE Forms (If bid is for construction project > $200,000.)

W-9 * (If Bidder has not worked with County in last 2 calendar years)

RFB-2025-39R

Table of Contents

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TABLE OF CONTENTS

DIVISION 0 – BIDDING REQUIREMENTS

00 01 10 Table of Contents 00 02 00 Notice to Bidders 00 02 01 Bid Summary Sheet 00 02 05 General Instructions to Bidders – Purchasing V2024.2 00 02 10 Standard Provisions (8/2/2021) 00 03 01 General and Supplementary Conditions – Office of Facilities V2025.1 00 04 01 Bid Form 00 07 01 Board of Directors Resolution 00 07 02 Non-Collusion Form 00 07 03 Iranian Divestment Form 00 07 04 Russian Divestment Form 00 07 05 Disclosure of Prior Non-Responsibility Determinations 00 07 06 Certification for the Prevention of Sexual Harassment 00 07 07 Schenectady County Sexual Harassment Policy 00 07 08 Subcontractors Listing 00 07 09 Bidders Qualifications 00 07 10 Apprenticeship Certification 00 07 11 MWBE Instructions and Forms 00 20 01 NYS DOL Prevailing Wage Schedule

DIVISION 01 – GENERAL REQUIREMENTS

01 01 00 01 02 00 01 15 00 01 23 00 01 25 00 01 26 00 01 29 00 01 31 00 01 32 00 01 33 00 01 35 16 01 40 00 01 42 00 01 50 00 01 60 00 01 73 00 01 74 19 01 77 00 01 78 23 01 78 39 01 79 00

Specifications Allowances Master Project Schedule Alternates Substitution Procedures Contract Modification Procedures Payment Procedures Project Management and Coordination Construction Progress Documentation Submittal Procedures Alteration Project Procedures Quality Requirements References Temporary Facilities and Controls Product Requirements Execution Construction Waste Management and Disposal Closeout Procedures Operation and Maintenance Data Project Record Documents Demonstration and Training

DIVISION 02 – EXISTING CONDITIONS

02 41 19 Selective Demolition

Table of Contents

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DIVISION 03 – CONCRETE

03 30 00 Cast-In-Place Concrete 03 35 00 Concrete Finishing Sealer

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 10 00 Rough Carpentry 06 17 53 Wood Trusses

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 21 00 Building Insulation 07 21 13 Rigid Insulation 07 27 13 Weather Barriers 07 46 05 Vinyl Siding 07 61 00 Metal Roof Panels 07 62 00 Sheet Metal Flashing and Trim 07 71 00 Gutters and Downspouts 07 72 53 Snow Guards 07 92 00 Joint Sealants

DIVISION 08 – OPENINGS

08 11 02 Steel Doors and Frames 08 33 25 Composite Sectional Overhead Doors

DRAWING LIST

GENERAL

G100 Cover Sheet G101 Sheet List, Abbreviations and Symbols G102 General Notes G200 Life Safety Plan & General Note

CIVIL

C101 Existing Conditions & Demolition Plan C102 Site Plan C501 Site Details (1 of 2) C502 Site Details (2 of 2)

ARCHITECTURAL

A100 Plans A200 Building Elevations & Schedules A500 Wall Sections & Partition Types

ELECTRICAL

E002A Diagrams & Schedules – Alternate #1 E101A Site Plan – Base Bid E101B Site Plan – Alternate #1

Table of Contents

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E301A First Floor Lighting Plan – Alternate #1 E401A First Floor Power & System Plan – Alternate #1 E601 Details

MECHANICAL

M001 General Notes, Symbols, & Schedules – Alternate #2 M002 Mechanical Specifications – Alternate #2 M003 Mechanical Specifications – Alternate #2 M301 First Floor Duct Plan – Alternate #2

END OF SECTION 00 01 10

RFB-2025-39R

Notice to Bidders

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NOTICE TO BIDDERS

RFB-2025-39R

GLENDALE NURSING HOME GARAGE

The County of Schenectady will be accepting bids for the Glendale Nursing Home Garage at 59 Hetcheltown Rd, Schenectady, NY 12302. There will be one prime contract.

Digital copies of specifications may be obtained from BidNet Direct at www.bidnetdirect.com/new-york or by submitting a request to the Purchasing Department at purchasing@schenectadycountyny.gov. Paper copies may be picked up at the Purchasing Department, 2nd Floor, Schenectady County Office Building at 620 State Street, Schenectady, New York, 12305 between the hours of 9:00 A.M. and 4:00 P.M.

weekdays, but must be requested via email 24 hours in advance.

A pre-bid walkthrough will be held on October 23, 2025, at 2:00 PM, at Glendale Nursing Home, 59 Hetcheltown Rd., Schenectady, NY 12302. Those interested are asked to meet in the parking lot of the facility.

All proposals must be delivered in a sealed envelope marked “Bid” and stating Glendale Nursing Home Garage, RFB-2025-39R, to the Purchasing Agent, no later than November 6, 2025, at 2:00 PM, at which time they will be opened.

Bid Security shall be submitted with each bid as described in General Instructions to Bidders.

Woman and minority owned businesses are encouraged to submit proposals. Schenectady County is an Equal Employment Opportunity/Affirmative Action employer.

Schenectady County will make any investigation it deems necessary to determine the responsibility of any bidder to perform the work. The County reserves the right to reject any bid if an investigation of the bidder fails to satisfy the county that the bidder is responsible and can carry out the obligations of the contract.

Schenectady County reserves the right to waive any informality in a bid or to reject any or all bids.

Purchasing Department County of Schenectady Schenectady County Office Building 620 State Street-2nd Floor Schenectady, NY 12305

(518) 388-4240 http://www.bidnetdirect.com/new-york mailto:purchasing@schenectadycounty.com

Bid Summary Sheet

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1.0 Bid Identification

1.1 Glendale Nursing Home Garage

2.0 Requesting Department

2.1 Schenectady County Office of Facilities

3.0 Bid Number

3.1 RFB-2025-39R

4.0 Purpose

4.1 The intent of these specifications is to gather bids for the Glendale Nursing Home Garage located at 59 Hetcheltown Rd., Schenectady, NY 12302.

4.2 Minority Business Enterprises (MBE’s) and Women Business Enterprises (WBE’s) are encouraged to apply.

5.0 Bid Submission Deadline

5.1 Bids must be received to the Purchasing Department no later than November 6, 2025, at 2:00 PM, at which time they will be opened and reviewed.

5.2 Bids must be clearly marked with the BID NAME and NUMBER.

5.3 Bids must be submitted to Schenectady County Purchasing Department, County Office

Building, 620 State St., Schenectady, NY 12305.

5.4 Delay in mail delivery is NOT an exception; allowance for timely arrival should be made. Bids received late will be rejected.

6.0 Bid Bond

6.1 A 5 % bid bond on the total bid submitted must be included with this bid.

7.0 Bid Schedule

7.1 October 23, 2025, at 2:00 PM: On Site Walkthrough will be held at Glendale Nursing Home, 59 Hetcheltown Rd., Schenectady, NY 12302.

7.1.1 While Bid Walk throughs are not mandatory, it is highly encouraged that the contractor make every effort to see the site/facility/space prior to bidding. The contractor is responsible for all means, methods, and existing conditions that would be noticed or questioned by visiting the site prior to bidding.

7.1.2 Should the contractor not be able to make the designated walk through, they should email purchasing@schenectadycountyny.gov for an appointment to see the space.

7.2 October 30, 2025, at 2:00 PM: Last Date for questions to be submitted regarding this project.

7.2.1 Questions should be submitted to purchasing@schenectadycountyny.gov. Please do not call with questions; they must be received in writing.

7.2.2 Responses to questions will be issued via Addendum only to all parties who have been formally added to the plan holder’s list. To be added to the plan holder’s list, your plans MUST have been downloaded from BidNet Direct or requested from the Schenectady County Purchasing Department purchasing@schenectadycountyny.gov or via mail send to Attn: Purchasing Agent, Schenectady County – Purchasing (2nd Floor), 620 State St., Schenectady, NY, 12305 (518.388.4240).

7.2.3 Corrections or written instructions to all bidders will be issued via written addenda.

7.2.4 Addenda will be published electronically to all entities listed on the plan holder’s list.

7.2.5 The County will not be responsible for any oral instructions or interpretations of the meaning of specifications or other contract documents to any bidder by any person or mailto:purchasing@schenectadycountyny.gov mailto:purchasing@schenectadycountyny.gov

General Instructions to Bidders – Purchasing V2024.2

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I. Bid Distribution A. The County of Schenectady officially distributes bidding documents through the Purchasing Division Office or through the Bidnet/Empire State Purchasing Group bid notification system (www.bidnetdirect.com/new-york). Copies of bidding documents obtained from any other source are not considered official documents. Only those vendors who obtain bidding documents from either the Purchasing Division Office or the ESPG are guaranteed to receive addendum information, if such information is issued.

B. If you have obtained this document from a source other than the Schenectady County Purchasing Division or the Bidnet bid notification system, it is strongly recommended that you obtain an official copy.

II. Bidding Documents A. Complete sets of the Bidding Documents may be obtained or examined as stated in the Notice to Bidders.

B. Complete sets of Bidding Documents must be used in preparing bids. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

III. Submission of Bids A. Bids and any other required documents must be submitted, sealed in an opaque envelope, plainly marked with the name and number of the bid and the name and address of the bidder and accompanied by the required documents.

B. Bids must be received no later than the date and time specified in the Bid Summary Sheet.

C. Bids must be submitted to:

Schenectady County Purchasing Department County Office Building 620 State Street – 2nd Floor Schenectady, NY 12305

D. Schenectady County reserves the right to reject any or all bids in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive, or conditional bids.

IV. Bid Security A. Unless otherwise stated in the Bid Summary sheet, the following requirements are in place for Bid Security.

B. Each bid must be accompanied by a bid bond or certified check in the amount equal to five

(5) percent of the total base bid drawn upon a national or state bank or trust company, to the order of the Commissioner of Finance, Schenectady, County. If bid is accepted, the successful Bidder will enter into a contract for the same and will execute such further security as may be required for the performance of the contract. BID

SECURITY SHALL BE INCLUDED WITH

BID AT TIME OF BID OPENING;

FAILURE TO DO SO MAY CAUSE

REJECTION OF THE BID AS

MATERIALLY INCOMPLETE.

C. The Bid Security of the successful Bidder will be retained until such Bidder has executed the contract `and furnished the required Contract Security, whereupon it will be returned. If the successful Bidder fails to execute and deliver the contract and furnish the required Contract Security within fifteen

(15) days of the Notice of Award, the County may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

D. Bid security of other bidders will be returned within seven (7) days after the award of contract to the successful Bidder.

E. Bid security is required unless otherwise noted in the Bid Summary provided to the Bidders/Providers.

V. Non Appropriations Clause A. Notwithstanding anything contained herein to the contrary, no default shall be deemed to occur in the event no funds or insufficient funds are appropriated and budgeted by or are otherwise unavailable to the County for payment under this Agreement. The County will immediately notify the Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the County of any kind whatsoever, except as to those portions herein agreed upon for which funds shall have been appropriated and budgeted.

VI. Qualification of Bidder A. Schenectady County may make such investigations as it deems necessary to determine the ability of the Bidder to perform the work. The Bidder shall furnish to the County, within five (5) days of a request, all such information requested to complete the http://www.bidnetdirect.com/new-york

General Instructions to Bidders – Purchasing V2024.2

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VII. Disqualification A. Bids received from bidders who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A bid may be rejected if the bidder cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified.

A bid may be rejected if the bidder is already obligated for the performance of other work which would delay the commencement, performance or completion of the work.

B. Schenectady County reserves the right to reject any bid if the information submitted by, or investigation of, such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

C. Bids may be considered irregular and may be subject to rejection for the following reasons:

1. If the bid is on a form other than that furnished by Schenectady County, or, if the Schenectady County’s form is altered, or, if any part of the bidding documents is detached.

2. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

3. If the bid is not accompanied by the Bid Security as specified by Schenectady County.

VIII. Non-Collusive Bidding Certificate A. All bidders bidding under the provisions of the specifications are subject to the provisions of Section 103 of the General Municipal Law of the State of New York. A signed Non-Collusive Bidding Certificate is required to be submitted with each bid on the form provided by the County.

IX. Bid Form A. Bid Form is attached hereto; additional copies may be obtained from the County.

B. Bids must be made on the Bid Form provided by the County. The Bid Form must be completed in ink or by typewriter. The Bid

Form must also be signed by an authorized representative of the bidder.

C. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign on behalf of the corporation) and the corporate seal must be affixed by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

D. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature.

The official address of the partnership must be shown below the signature.

E. All names must be printed or typed below the signature.

F. The bid must contain an acknowledgment of receipt of all Addenda (the number of which will be filled in on the Bid Form).

G. The address to which communications regarding the bid are to be directed must be included on the Bid Form.

X. Specification Clarification A. All inquiries with respect to this Request for

Bids must be directed to the Schenectady County Purchasing Department via email to purchasing@schenectadycountyny.gov

B. All questions about the meaning or intent of the specification must be submitted to the aforementioned department in writing.

Replies will be issued by Addenda via email to all parties recorded as having received the bidding documents.

C. Addenda will also be posted on the Bidnet Bid System.

D. Questions received less than three (3) days prior to the date of submission of bids will not be answered. This timetable may be overridden by a specified “Last Date for Submission of Questions” within the bidding documents, Bid Summary Sheet, or Project Timetable.

E. The County will be bound by responses given by formal written Addenda only.

XI. Bid Evaluation A. Bids shall remain valid until:

1. the execution of a contract by Schenectady County; or

2. the award of a purchase order by Schenectady County; or

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3. as otherwise rejected by Schenectady County; or

4. 45 days after bid opening.

B. Bids received will be evaluated by

Schenectady County and will be based, as a minimum, upon the following criteria:

1. Lowest total bid cost and projected timetable for completion of services and/or delivery of goods described herein;

2. Completeness of the bid; and

3. Bidder's demonstrated capabilities and professional qualifications.

C. The County reserves the right to purchase items pursuant to General Municipal Law 104 from New York State contracts, other County contracts, or New York State Preferred Sources within its discretion.

D. For those requests for bid issued as requests for bids at the item level:

1. The County reserves the right to award the contract on a per item, category, or aggregate basis, whichever is most beneficial to the County of Schenectady.

2. Bidders need NOT submit bids for all items listed to be eligible for an award of the contract.

XII. Modification and Withdrawal of Bids A. Bids may be modified or withdrawn at any time prior to the opening of bids by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where bids are to be submitted.

B. If, prior to awarding of the contract or within three days after opening, whichever period is shorter, any bidder files a duly signed written notice with the County and promptly thereafter demonstrates to the reasonable satisfaction of the County that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid and the bid security will be returned.

XIII. Award of Bid A. Award will be made as determined to be in the best interest of a Schenectady County.

B. All offers received shall be net cost to the

County of Schenectady. The County shall not be responsible for any additional costs;

including, but not limited to, overtime required by the vendor to meet the appropriate deadlines.

C. The apparent successful Bidder will be issued a Notice of Award in the form of a Schenectady County purchase order or contract.

D. The County reserves the right to purchase items pursuant to General Municipal Law 104 from New York State Contracts, other County contracts, or New York State Preferred Sources within its discretion.

E. No successful bidder to whom a contract or purchase order is let, granted or awarded, shall assign, transfer, convey, sublet, or otherwise dispose of same, or of its right, title, and interest herein, including the performance of the contract or purchase order or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of the Schenectady County Purchasing Agent. In the event the contractor shall without prior written consent assign, transfer, convey, sublet or otherwise dispose of the contract or purchase order or of its right, title and interest therein, including the performance of this contract or purchase order, or the right to receive monies due or to become due, or its power to execute such contract or purchase order to any other person or corporations, or upon receipt by Schenectady County of an attachment against the Successful Bidder, the County of Schenectady shall be relieved and discharged from any and all liability and obligation growing out of such contract or purchase order to such contractor, and the person or corporation to which such contract or purchase order shall have been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies theretofore assigned under the contract or purchase order, except so much as may be required to pay its employees.

XIV. Remedy for Breach A. In the event of a breach by CONTRACTOR, CONTRACTOR shall pay to the COUNTY all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the COUNTY to procure a substitute contractor to satisfactorily complete the contract work.

XV. Delivery and Payment

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A. All bid prices shall include freight and shall be quoted F.O.B. destination.

B. Schenectady County operates a formal Purchase Order System. Under NO circumstances will the vendor or contractor be paid without a purchase order. Contractor shall deliver only the items specified on the purchase order. Any Contractor, who delivers items which are not ordered, or who duplicates or overships items, does so entirely at his own expense. Such shipments will be at no cost or responsibility to Schenectady County.

C. All deliveries shall be made within ten (10) business days of vendor’s receipt of purchase order, unless otherwise specified in the Bid Specifications or Summary Sheet, or as otherwise agreed upon between the vendor and the Purchasing Department.

D. Unless otherwise specified by the County, inside delivery is required. Some delivery locations are not equipped with loading docks and no additional compensation shall be paid to vendors for inside delivery at those locations.

E. Orders will be placed on an “As Needed” basis by Schenectady County departments.

There will be no minimum order amounts required. Bids stipulating minimum quantity of dollar value orders may be rejected by Schenectady County at its sole discretion.

F. Prior to payment, the items furnished and or work performed will be inspected by the Purchasing Agent or his designee to determine their conformity to specification.

No payment will be made for items or work not meeting specification.

G. COUNTY IS NOT SUBJECT TO

FEDERAL, STATE OR LOCAL TAXES.

XVI. Indemnification A. The successful bidder shall indemnify, save, and hold harmless the County of Schenectady, its officers, agents, servants, and employees from any and all liability for anything and everything whatsoever arising from loss or damage due to any act or omission of the Contractor, its clients, agents, or employees. See attached Standard Provisions

XVII. Anti-Discrimination Clause A. Pursuant to Section 220-E of the NYS Labor

Law, regarding provisions in contracts prohibiting discrimination on account of race, creed, color or national origin in employment of citizens upon public works, the Contractor agrees:

1. That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, gender, marital status, military status, sexual orientation 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, nor 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, gender, marital status, military status, sexual orientation or national origin;

3. That there may be deducted from the amount payable to the contractor by the state or municipality 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 of the contract;

4. That this contract may be cancelled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and

5. The aforesaid provisions of this section covering every contract for or on behalf of the state or a municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the state of New York.

XVIII. Interpretation A. In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFB, and/or, the Agreement (between the County and the successful bidder/proposer) and its incorporated

General Instructions to Bidders – Purchasing V2024.2

DIVISION 0 00-02-05 Page 13 of 104 documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: 1) the Agreement; 2) the RFB; 3) the Contractor’s proposal or bid.

XIX. Equivalent Goods A. Manufacturers name brands are listed to indicate minimum requirements and bidding may be on brands listed, (if specified), or equivalent. Specifications shall be furnished by bidder to support equivalency. In the event of any claim by any unsuccessful bidder concerning or relating to the issue of “equal or better” or “or equal”, the successful bidder agrees, that his own cost and expense, to defend such claim or claims and agrees to hold the County of Schenectady free and harmless from any and all claims for loss or damage arising out of this transaction for any reasons.

B. UPON REQUEST ONLY, unless otherwise notated in the bid specifications, vendors are required to submit a sample of each item quoted within 72 hours of request to the Schenectady County Purchasing Department or to any political subdivision or authorized districts located in the state of New York. It is the bidder’s responsibility to assure that the Schenectady County Purchasing Department has received the sample. Schenectady County will not be responsible for any charges incurred by the vendor for the provision, packaging, shipping, or return of samples. Items submitted shall be clearly and securely marked for identification, as per the specifications. Labels showing manufacturer and fabric content should be attached to all samples. The awarded vendors’ samples will be retained by the Department for the duration of the quote, for verification of future deliveries.

XX. Insurance Requirements A. See attached Standard Provisions B. No work shall be commenced under the contract or purchase order until the successful Bidder has delivered to the County Purchasing Agent or his designee proof of issuance of all policies of insurance required by the contract to be procured by the successful Bidder.

C. If at any time, any of said policies shall expire or become unsatisfactory to the

County, the successful Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the County for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the contract or purchase order may, at the election of the County, be forthwith declared suspended, discontinued or terminated.

D. Failure of the successful Bidder to procure and maintain any required insurance shall not relieve the successful Bidder from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

XXI. Prevailing Wage-As applicable.

A. All laborers providing services under this contract, whether employed by the Contractor or by the Subcontractor(s), shall be paid not less than the current prevailing rate of wages and shall be provided supplements not less than the prevailing supplements as established by the New York State Department of Labor, per the New York State Prevailing Schedule of Wages.

B. All vendors submitting bids agree to conform to all current NYS Department of Labor and prevailing wage laws. The County has applied for and has received a PRC number for this project, which has been included with this document as an attachment. The successful vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this document. For policy or rate questions call the NYS Department of Labor at (585) 258-4505.

Actual rates are available via the internet at:

http://198.22.236.39/prevailing_wage_hom e.shtm or from the Schenectady County Purchasing Department at the address listed on the Notice to Bidders.

C. Payrolls and Payroll Records: Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury.

Payrolls must be maintained for at least five

(5) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project:

Name, Social Security number, http://www.labor.state.ny.us/business_ny/employer_responsibilities/prevwage/county/homeREG.htm#Ontario http://www.labor.state.ny.us/business_ny/employer_responsibilities/prevwage/county/homeREG.htm#Ontario

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Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provide, and Daily and weekly number of hours worked in each classification.

D. Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall receive and maintain such payrolls.

XXII. Apprenticeship Training Program A. This section is applicable to construction contracts of $200,000 or more.

B. In accordance with Schenectady County

Legislative Resolution No. 22 of February 11, 2003 and Section 816-b of the new York State Labor Law, contractors and subcontractors of County construction contracts of $200,000 or more shall have in place agreements providing appropriate apprenticeship training programs approved by the Commissioner of the Department of Labor for the type and scope of work to be performed at the time of bid submission.

These agreements shall conform to the procedures and requirements set forth in Section 816-b of the New York State Labor Law.

XXIII. Affirmative Action Requirements A. This section is applicable to construction contracts of $200,000 or more.

B. It is the policy of the County of Schenectady that Minority Business Enterprises (MBE) and Woman Business Enterprises (WBE) are afforded the maximum opportunity to participate in the performance of contracts, in excess of $200,000, let by the County and its several agencies and authorities. The County commits itself to a goal-oriented Contract Compliance Program which assures that Minority Business Enterprises and Woman Business Enterprises are considered in awarding contracts for goods, services and construction. Furthermore, it is the policy of the County of Schenectady that contractors and subcontractors utilize minority and women labor to the greatest extent feasible.

C. In bidding on this contract, the contractor acknowledges an understanding of this policy. The contractor shall carry out the policy by making every reasonable effort to award contracts and subcontracts to MBEs and WBEs and utilizing minority and women labor in the performance of this contract.

D. In an effort to assist contractors with compliance attached you will find the following documents attached: Affirmative Action WMBE Utilization Policy and Affirmative Action Compliance Forms.

XXIV. Iranian Energy Sector Divestment A. Contractor/Proposer hereby represents that said Contractor/Proposer is familiar with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

1. Provided goods or services of $20

Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran.

2. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

B. Any Contractor/Proposer who has undertaken any of the above is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

C. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for proposals must certify and affirm the following under penalties of perjury:

1. “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

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2. will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

3. Except as otherwise specifically provided herein, any Bid/Proposal that is supplied without having complied with subdivision (a) above, shall not be considered forward. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision

(a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefor. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

a. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain in engaging in any new investments in Iran; or

b. The County of Schenectady has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

XXV. Executive Order No. 14: Russian Divestment A. Pursuant to New York State Executive

Order No. 14 filed February 27, 2022, which generally prohibits the County of Schenectady from entering into contracts with persons engaged in investment activities with a "Russian-entity" or a

"Supporting-entity", as defined in the Executive Order

XXVI. Disclosure of Non-Responsibility Determinations A. In accordance to New York State Finance

Law §139-k(2) a Governmental Entity is obligated to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. In accordance with State Finance Law §139-k, an Offeror must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or

(b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offeror” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process.

A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions).

B. As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether an Offeror fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offeror that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offeror is necessary to protect public property or public health safety, and that the Offeror is the only source capable of supplying the

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XXVII. Extension of Bids to All Political Subdivisions and Authorized Districts Located in the State of New York A. It is the intent of this Request For Bids that all political subdivisions, and districts located in the State of New York, be entitled to make purchases of materials, equipment or supplies from the resulting bid award.

B. No officer, board or agency of a county, town, village, or school district shall make any purchase through the County when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at a lower price through the County.

C. All purchases shall be subject to audit and inspection by the other political subdivisions for which the purchase was made.

D. All orders will be placed by the participating entities. Each participating entity shall be billed by and make payment directly to the successful Bidder.

E. Upon request, participating entities must furnish the successful Bidder with the proper tax exemption certificates or documentation of tax exempt status. (Purchase orders should have this information and be retained for documenting the tax exempt sale.)

F. The sole responsibility in regard to performance of the bid, or any obligation, covenant, condition or term thereunder by the successful Bidder and the participating entities will be borne and is expressly assumed by the successful Bidder and the participating entities and not by Schenectady County. In the event of a failure or breach in performance of any such bid by a participating entity or the successful Bidder, Schenectady County, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Schenectady County centralized bid.

XXVIII. Title VI A. The County of Schenectady, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C.

§§ 2000d to 2000d-4) and the Regulations, i.e.

1. Civil Rights Restoration Act of 1987

2. Federal Transit Laws, Title 49, United

States Code, Chapter 53

3. 49 CFR. § 1.51

4. 49 CFR Part 21

5. 28 CFR § 42.401 et seq.

6. 28 CFR. § 50.3

7. 70 FR 74087, December 14, 2005 hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

B. A copy of Schenectady County’s full Title VI Program and Assurances Statement is available for download on our website at http://www.schenectadycountyny.gov/Affirmative Action.

XXIX. Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between the County and a Bidder during the procurement process. A Bidder is restricted from contacting other than the designated staff from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract (or Purchase Order) unless it is a contract that is included amount certain statutory exceptions set forth in State Finance Law §139-j(3)(a). County Employee are required to obtain certain information when contacted during the restricted period. The designated staff contact is the Purchasing Agent or their representative, 518.388.4240, purchasing@schenectadycountyny.gov.

Bidders responding to this RFB must familiarize themselves with these State Finance Law requirements and will be expected to affirm they understand and agree to comply on the form included with the bid.

http://www.schenectadycounty.gov/AffirmativeAction http://www.schenectadycounty.gov/AffirmativeAction

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XXX. Public Work Contractor and Subcontractor Registry

A. Starting December 30, 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/A8 https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I

Standard Provisions – Legal Department (8/2/2021)

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STANDARD PROVISIONS

The parties to the attached contract further agree to be bound by the following, which is hereby made a part of said contract. In the event of any conflict between the provisions of the attached contract and these standard provisions, unless otherwise provided, these standard provisions shall prevail.

I. This contract shall be deemed executory only to the extent of monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the County beyond the amount of such monies.

II. The Contractor specifically agrees to adhere to the provisions of the New York State Labor Law Article 8, entitled Public Work and all of the provisions contained therein, including Labor Law Section 220-d entitled “Minimum rate of wage and supplement” and Article 9 entitled Prevailing Wage for Building Service Employees.

III. The Contractor specifically agrees, as required by the provisions of the Labor Law, Section 220-e, as amended, that:

(a) In hiring of employees for the performance of work under this contract or any subcontract hereunder for the manufacture, sale or distribution of materials, equipment or supplies hereunder, no contractor, subcontractor nor any person acting on behalf of such contractor or subcontractor shall by reason of race, creed, color, 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.

(b) No contractor, subcontractor, nor 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, sex or national origin.

(c) There may be deducted from the amount payable to the contractor by the county under this contract a penalty of five dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms or conditions of this section of the contract, and

(d) This contract may be cancelled or terminated by the county or municipality and all monies due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the contract, and

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(e) The aforesaid provisions of this section covering every contract for or on behalf of the county or a municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York.

IV. The Contractor will comply with the provisions of Section 291-299 of the Executive

Law and the Civil Rights Law and the Governor’s Code of Fair Practice, and any amendments and rules and regulations pursuant thereto, will furnish all information and reports deemed necessary by the State Division of Human Rights under the law, and will permit access to its books, records and accounts by the State Division of Human Rights, the Attorney General and the Industrial Commissioner for the purpose of investigation to ascertain compliance with the non-discrimination clauses, the Executive Law and Civil Rights Law.

V. The Contractor acknowledges that the terms of the contract include the Schenectady Fraud, Waste and Abuse Prevention Policy which is incorporated herein by reference and which is available to Contractor on the internet at www.schenectadycountyny.gov.

VI. The Contractor, if a medical provider under this contract:

(a) represents and warrants that it is in compliance with all requirements applicable to Medicaid providers, including, but not limited to, the maintenance of a certified Medicaid compliance program for fraud, waste and abuse and further that none of its employees and contractors are an excluded individual or entity as such term is defined under federal or state law;

(b) agrees that it shall submit no bill for payment for which payment would violate sections 1128, 1128A and 1156 of the Social Security Act and 42 CFR1001.1901;

(c) agrees to continue to screen any and all of its employees and contractors to determine if any such person company or entity is an excluded individual or entity;

(d) agrees to provide a list of all employees or contractors with sufficient identifying characteristics to allow the County to perform an independent screening of such persons or entities to determine if they are an excluded individual or entity;

(e) agrees that in the event that any payment made by the County to the Contractor is determined to be in violation of the requirements of sections 1128, 1128A and 1156 of the Social Security Act and 42 CFR1001.1901, the Contractor shall indemnify, save and hold harmless the County of Schenectady, its officers, agents, servants and employees from any and all liability for anything and everything whatsoever arising from loss or damage, penalty or recoupment due to any determination that Contractor, its clients, agents or employees is or was an excluded individual or entity.

VII. The relationship of the Contractor to the County shall be that of independent contractor. The Contractor, in accordance with its status as an independent contractor, covenants http://www.schenectadycounty.gov/ http://www.ssa.gov/OP_Home/ssact/title11/1128.htm http://www.ssa.gov/OP_Home/ssact/title11/1156.htm http://www.ssa.gov/OP_Home/ssact/ http://www.ssa.gov/OP_Home/ssact/title11/1128.htm http://www.ssa.gov/OP_Home/ssact/title11/1156.htm http://www.ssa.gov/OP_Home/ssact/

DIVISION 0 00-02-10 Page 20 of 104 and agrees that it neither hold itself out as nor claim to be an officer or employee of the County by reason thereof, make any claim, demand or application to an officer or employee of the County including but not limited to Worker’s Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credits.

VIII. Should any claim or demand be made, or any action brought against the County in any way relating to this agreement or the performance thereof, the Contractor agrees to render diligently to the County without…