RFB-DCC-24-2025 Fitness Court.docx

BID PROPOSAL

FOR

Fitness Court System

RFB-DCC-24-2025

DUTCHESS COMMUNITY COLLEGE

53 PENDELL ROAD

POUGHKEEPSIE, NY 12601

Thomas M. Duffy Purchasing Agent

NOTICE TO BIDDERS

RFB-DCC-24-2025

The Board of Trustees of Dutchess Community College, Poughkeepsie, New York (in accordance with Section 103 of Article 5A of the General Municipal Law) hereby invites the submission of sealed bids on:

Fitness Court System

Beginning immediately, the Bidding Documents including specifications and bid forms may be examined and obtained from the Office of Purchasing at Dutchess Community College., Bowne Hall, Room 205, Poughkeepsie, New York. Official bid copies may be advertised and /or obtained on the following website: http://www.empirestatebidsystem.com

Bids will be received prior to 3:00 PM on the 5th day of May, 2025 in the Office of Purchasing, Dutchess Community College, Bowne Hall, Room 205, Poughkeepsie, New York, at which time all bids will be publicly opened and read aloud at a location yet to be determined.

All submitted bids shall be sealed and distinctly marked: “Proposal for Bid: RFB-DCC-24-2025: Dutchess Community College, Fitness Court System, Opening Date May 5, 2025” and shall be mailed directly to the Office of Purchasing, Dutchess Community College, 53 Pendell Road, Poughkeepsie, New York, 12601.

The Board of Trustees reserves the right to waive irregularities and accept or reject any or all bids, or any part of any bid and may re-advertise for new proposals, if the best interest of Dutchess Community College will be served.

Dutchess Community College is an equal opportunity employer and expects Vendor/Contractor to comply with Federal and State Anti-Discrimination Laws.

It is the policy of the State University of New York to take affirmative action to ensure that minority business enterprises are given the opportunity to demonstrate their ability to provide the College with goods and services at competitive prices.

Dated: April 25, 2025 Thomas M Duffy Purchasing Agent

TABLE OF CONTENTS

BID PACKAGE

Instruction to Bidders……………………………………………….….…….4 General Information/Conditions to Bidders………………………….….6-8 Insurance Requirements…………………………………………… General Municipal Law…………………………………………………..10-11 Prevailing Wage….……………………………………………………….12-13 Specifications ………………………………..………………..…….....14-18 Proposal Sheets……………………………………………………………..19 Addenda Receipt…………………………………………………………….20 Non-Collusive Bidding Certification…………………………………….21-22 Certification of Compliance with the Iran Divestment Act……….……….23 Sexual Harassment Prevention Certification……………………………...24 References……………………………………………………………………25

INSTRUCTIONS TO BIDDERS

1. Read all documents contained in the bid specifications.

2. Bidders are responsible for submitting their bids to the appropriate location at or prior to the time indicated in the specifications. No bids will be accepted after the designated time or date indicated in the bid specifications. It is suggested that registered mail be used to submit bids. Delay in mail is not an exception to the receipt of a bid.

3. Bidders are responsible for reporting, in writing, any errors in the bid specifications to the Purchasing Department, Dutchess Community College, 53 Pendell Road, Poughkeepsie, NY 12601.

4. Questions or clarifications to the technical specifications should be addressed to the Purchasing Department prior to the bid opening. Such questions should be addressed to the Purchasing Department at least 72 hours prior to the bid opening.

5. Bidders shall indicate, on the outside of their sealed bid, the following information:

Failure to do so may result in rejection of the bid as being unresponsive.

6. The only forms required to be submitted as a bid are the following:

Under no circumstances is it necessary to submit the technical specifications with the bid. They are to be retained by the bidder for their records.

7. All bids must be filled out in ink, or be typewritten. Bids submitted in pencil will be rejected as unresponsive. Bids which have been corrected by white out or cross out, and have not been initialed and/or dated will be rejected as unresponsive.

GENERAL INFORMATION/CONDITIONS FOR BIDDERS

1. Should the bidder find discrepancies or omissions in the specifications, he shall notify the Purchasing Department, at once, and the Purchasing Department will send written instructions to all bidders. The Purchasing Department will not assume responsibility for any oral instructions, or interpretations of meaning of the specifications or other contract documents to any bidder by any person or persons.

2. All bids shall be made out on the proposal forms attached hereto and all the attached certificates must be completed and signed in compliance with the provisions of the General Municipal Law.

3. All prices shall remain firm for forty-five (45) days unless otherwise stated. No bidder may withdraw a bid within forty-five (45) days after the actual date of the opening thereof. – Any bid may be withdrawn without prejudice prior to the official bid opening time or any publicized postponement thereof.

4. Bidders shall indicate on the proposal form the earliest date he/she can make delivery. Date of delivery will be considered in the awarding of the contract. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the proposal.

5. Where the specifications employ a trade name or the name of a product of a particular supplier, it is intended that such name is for descriptive purposes only to indicate the type of product desired and that any substantially equal product will be accepted.

If a bidder offers a substitution (alternate), he shall provide with his bid proposal the necessary catalog tear sheet, literature, specifications, etc., sufficient to enable the College to make a determination as to the acceptability of the proposed substitution (alternate). Failure to provide such information with the bid proposal will be sufficient reason for rejection of bid.

In the event the specifications fail to state a catalog number or brand name, these specifications shall be deemed to require an article of good quality, finish, design, workmanship, durability, and suitability for the use intended. The acceptance of the merchandise is not final until after delivery and testing of the substituted (alternate) items.

6. Equipment and material specified is to be delivered to the areas designated by the College, and the successful bidder is to be responsible for the cost.

7. Any bidder, contractor, or manufacturer who, in the course of his work, uses or supplies products which may be toxic or harmful, shall provide MSDS material sheets to the Purchasing Department prior to the use of those products by the College.

8. The Board of Trustees reserves the right to waive irregularities and accept or reject any bid or any part of any bid.

9. Dutchess Community College reserves the right to award contract on the basis of overall advantage to purchaser with respect to the aggregate of separate items and estimated overall requirements, i.e., the right is reserved to award separate items to different vendors. The College reserves the right to accept a combined total bid if the aggregate is beneficial to the College. The College also reserves the right to increase or decrease the quantities of individual items, the total price to be adjusted in accordance with the unit price quoted.

GENERAL INFORMATION/CONDITIONS FOR BIDDERS (cont’d.)

10. In determining the qualifications of a bidder, the College will consider his record in the performance of any contracts for similar services or products in which he may have entered with other public bodies; and the College specifically and expressly reserves the right to reject the bid of such bidder if the record discloses that such bidder, in the opinion of the College, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills or has otherwise disregarded his obligations to employees or the public he serves. The College may make such investigation as it deems necessary to determining the ability of the bidder to perform the terms of the contract and the bidder shall furnish the College all information for this purpose as the College may request. CONDITIONAL BIDS WILL NOT BE ACCEPTED.

11. Any merchandise provided under the contract which is, or becomes, defective during the guarantee period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment.

12. INDEPENDENT CONTRACTOR: The CORPORATION / CONTRACTOR/ AGENCY / CONSULTANT, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees, will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the COUNTY, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable 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 credit.

13. ASSIGNABILITY OF CONTRACT:

The Contractor is prohibited from assigning, transferring, conveying, sub-contracting or disposing of this contract, or of any part thereof, or any payment to become due thereunder, or of his right, title or interest therein or his power to execute such contact to any other person or corporation without the previous consent in writing of the OWNER awarding the contract. If the Contractor fails to comply with this clause, the owner may immediately declare breach of contract.

14. COMPLIANCE WITH LAWS:

The Contractor shall comply with all the provisions of laws in the State of New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the Immigration and Naturalization Laws and Regulation, the General Municipal Law, the Workers’ Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Laws, Rules and Regulation, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein. The bidder’s special attention is called to those laws which are set forth in detail below:

15. For Capital (“Public Work”) Projects Only:

This project is a “Public Work” project and is subject to all provisions contained in the New York State Labor Law. Any Contractor submitting a bid on this project shall acknowledge that said project is “Public Work,” shall agree to comply with all Federal, State and local laws, rules and regulations relating to the work to be performed including but not limited to Article 8 of said law, and shall pay prevailing wage rates for the locality established by the New York

GENERAL INFORMATION/CONDITIONS FOR BIDDERS (cont’d.)

State Department of Labor, to all laborers, workers and mechanics, and shall require all subcontractors to do the same.

In order to insure compliance with these provisions, the College shall be entitled to review and/or audit the Contractor’s payroll records from time to time, receive certified copies of payrolls, and may require the Contractor to make said records available to the College either at the Contractor’s place of business or, at the option of the College, to submit certified copies with requests for payment or at such other times as the College may require.

Each bidder must provide an affirmative statement that the bidder has not been found guilty of a willful violation of the New York State Labor Law for failure to pay prevailing wages and supplements, as those terms are defined by the New York State Labor Law, within the twelve (12) months immediately preceding the submission of the bid.

In the event that the Contractor shall fail, in one or more instances, to pay the prevailing wages and supplements in accordance with Article 8 of the New York State Labor Law, Section 220 et seq. and as described herein, it shall be considered a material breach of the contract.

For the breach or violation of this provision, without limiting any other rights or remedies to which the College or any individual may be entitled or any civil or criminal penalty for which any violator may be liable, the College shall have the right, in its discretion, to terminate the contract immediately on notice. In such event, the Contractor shall be liable to the College for any additional costs incurred by the College in the completion of the project.

The conditions contained herein are designed to encourage compliance with the Labor Law and to provide a greater means to detect violations. In the event violations are detected, either by the College or otherwise, the remedies contained in said law shall be exclusive and shall not create any obligations by the College to enforce said law on behalf of anyone nor create any rights on behalf of anyone against the College.

17. CAPITAL PROJECTS FUNDED BY FEDERAL GRANT MONIES:

Vendor is required to submit to the College a certified payroll each pay period in compliance with the DAVIS-BACON ACT.

18. Bidders must agree to conform to Section 103-a, b, c and d of the General Municipal Law of the State of New York, a copy of which text is appended hereto.

19. Dutchess Community College is an equal opportunity employer and expects Vendor/Contractor to comply with Federal and State Anti-Discrimination Laws.

20. It is the policy of the State University of New York to take affirmative action to ensure that minority business enterprises are given the opportunity to demonstrate their ability to provide the University with goods and services at competitive prices.

21. Payments shall be made within thirty (30) days following delivery of the services, supplies, and/or equipment and receipt of invoices, providing the services, supplies, and/or equipment meet the specifications and requirements. If payment requires approval of Board of Trustees, payment will be made as soon as practicable pending Board of Trustees meeting which takes place the 4th Tuesday of each month. Notification will be sent to vendor if there is a change in schedule.

22. Dutchess Community College is established under authority of the State of New York and is entitled to exemption from New York State, Federal and Local taxes.

23. PLEASE NOTE: In order to keep our vendor files current, the College would appreciate a response to this bid even if you do not wish to bid at this time.

28. NON-COLLUSIVE BIDDING CERTIFICATION FORM MUST BE FILLED OUT AND RETURNED WITH BID. FAILURE TO DO SO CAN DISQUALITY BIDDER.

25. Delivery: FOB Dutchess Community College, 53 Pendell Road, Poughkeepsie, NY 12601.

Delivery of equipment and materials shall be made only between the hours of 8:00 AM and 3:00 PM, Monday thru Friday.

26. The contract if awarded will be to the lowest responsive/responsible bidder(s) in part or in whole who meet(s) all the terms of the specifications. Dutchess Community College guarantees no minimum or maximum purchases or contracts as a result of award of this bid. Dutchess Community College reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the College and the vendor. Additionally, the College reserves the right to purchase any goods or services included as a part of this bid from any means legally available to it at any time.

INSURANCE REQUIREMENTS. At all times during the term of this Agreement, the vendor shall maintain at its own cost and expense the following insurance and provide proof thereof to the Owners, in the form of a Certificate of Insurance, prior to commencing work under this Agreement:

(a) Statutory Worker's Compensation coverage in compliance with the Compensation law of the State of New York.

(b) Automobile liability insurance coverage for all owned, leased, or non-owned vehicles in the amount of $1,000,000 per occurrence. This insurance shall include coverage for bodily injury and property damage. Dutchess Community College must be listed as an additional insured.

(c) General liability insurance coverage in the comprehensive general liability form including blanket contractual coverage for the operation of the program under this agreement in the amount of $1,000,000.00. This insurance shall include coverage for bodily injury and property damage. Dutchess Community College must be listed as an additional insured.

Prior to cancellation or material change in the coverage amount of any policy, a thirty-(30) day notice shall be given to the Owner at the addresses listed below:

Office of Vice President of Finance and Administration Dutchess Community College 53 Pendell Road Poughkeepsie, NY 12601

Upon receipt of such notice, the Owners shall have the option to cancel this Agreement without further expense or liability to the Owner, or to require the Architect to replace the cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the Owners. Failure of the Contractor to take out or maintain, or the taking out or maintenance of any required insurance, shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification.

All property losses shall be made payable to and adjusted with the Owners.

All Certificates of Insurance shall be approved by the Owner’s prior to commencement of any work under this Agreement.

All policies of insurance referred to above shall be underwritten by companies authorized to do business in the State of New York and acceptable to the Owners.

The requirements of the above insurance provision shall apply to and be binding on all sub-consultants and engineers.

In the event that claims in excess of these amounts are filed by reason of any negligent operations by the Contractor under this Agreement, the amount of excess of such claims, or any portion thereof, may be withheld from payment due to become due the Contractor until such time as the Contractor shall furnish such additional security concerning such claims as may be determined by the Owners. The Contractor does not waive its right to seek remedy in a court of law.

GENERAL MUNICIPAL LAW

S.103-a. Grounds for cancellation of contract by municipal corporation and fire districts.

A clause shall be inserted in all specifications or contracts made or awarded by a municipal corporation or any public department, agency or official thereof on or after the first day of July, nineteen hundred fifty-nine or by a fire district or any agency or official thereof on or after the first day of May, nineteen hundred sixty, for work or services performed or to be performed, or goods sold or to be sold, to provide that upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the state, any political subdivision thereof, a public authority or with any political subdivision thereof or a public authority, to sign a waiver or immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract.

(a) Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or fire district, or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that

(b) any and all contracts made with any municipal corporation or any public department, agency or official thereof on or after the first day of July, nineteen hundred fifty-nine or with any fire district or any agency or official thereof on or after the first day of May nineteen hundred sixty, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation or fire district without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation or fire district for goods delivered or work done prior to cancellation or termination shall be paid.

The Provisions of this section as in force and effect prior to the first day of May, nineteen hundred sixty, shall apply to specifications or contracts made or awarded by municipal corporation on or after the first day of July, nineteen hundred fifty-nine, but prior to the first day of May, nineteen hundred sixty.

S.103-b. Disqualification to contract with municipal corporations and fire districts.

Any person who, when called before a grand jury to testify concerning any transaction or contract had with the state, any political subdivision thereof, a public authority, or with a political department, agency or official of the state or of any political subdivision thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or fire district, or with any public department, agency or official thereof, for goods, work of services, for a period of five years after such refusal or until a disqualification shall be removed pursuant to the provisions of section one hundred three-c of this article.

GENERAL MUNICIPAL LAW (cont’d.)

It shall be the duty of the officer conducting the investigation before the grand jury before which the refusal occurs to send notice of such refusal, together with the name of any firm partnership or corporation of which the person so refusing is known to be a member, partner, officer or director, to the superintendent of public works of the State of New York, and the appropriate departments, agencies and officials of the state, political subdivisions thereof or public authorities with whom the person so refusing and any firm, partnership or corporation of which he is a member, partner, director or officer, is known to have a contract,.

S.103-c. Statement of non-collusion in contract with municipal corporations or fire districts.

Every contract hereafter made or awarded by a municipal corporation or any public department, agency or official thereof or by a fire district or any agency or official thereof, pursuant to bid, for work or services following statement by the bidder, under penalty by perjury: (a) the bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor for materials, supplies, or equipment of the type described in the invitation for bids, and (b) the contents of the bid have not been communicated by the bidder, not, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid.

S.103-d. Statement of non-collusion in bids and proposals to political subdivision of the state or fire district.

Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency, or official thereof or by a fire district or any agency or official thereof, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification. By submission of this bid or proposal, the bidder certifies that: (a) this bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) this bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) no attempt has been or will be made to induce any other person , partnership or corporation to submit or not to submit a bid or proposal; (d) the person signing the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) that attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signatory of this bid or proposal in behalf of the corporate bidder.

PREVAILING WAGE:

“New Requirement” Public Work Contractor and Subcontractor Registry

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://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

The Bureau of Public Work & Prevailing Wage Enforcement at the New York State Department of Labor is responsible for enforcing prevailing wage laws in New York State.

The Bureau of Public Work & Prevailing Wage Enforcement publishes the annual prevailing wage schedule every year on July 1. To find information about the prevailing wage rate for your area, or to find contact information for your local Public Works and Prevailing Wage Enforcement District Office, please visit Bureau of Public Work and Prevailing Wage Enforcement website or send an email to labor.sm.pwask@labor.ny.gov.

Questions

All questions shall be directed to Mr. Thomas Duffy, Purchasing Agent, by email at thomas.duffy1@sunydutchess.edu. No verbal questions will be entertained. The last day for questions is Monday April 30, 2025 @ 4:00 pm.

SPECIFICATIONS

Dutchess Community College Bid Specifications

RFB-DCC-24-2025

Fitness Court System

Scope of Work

1. Introduction:

Dutchess Community College seeks a qualified vendor to provide one Fitness Court System, supported by a mobile app, complete with a public art mural wall and engagement wall. The Fitness Court System is to be “The NFC Fitness CourtSystem” as manufactured by National Fitness Campaign, LLC, or an approved equal.

2. Brand Name or Equal:

Unless otherwise specified in this RFB, any reference to a particular trademark, trade name, patent, design type, specification, producer or supplier is not intended to restrict this RFB to any manufacturer or proprietor or to constitute and endorsement of an good or service and the Department may consider clearly identified offers of substantially equivalent goods and services in response to such reference.

The College will consider alternate fitness stations that include similar exercise stations that essentially target similar exercises with similar number of users, mobile app capability, with a mural wall and engagement wall. Any alternates/substitutions must be fully submitted to the Purchasing Department for consideration.

3. Fitness Court® Equipment Description:

The outdoor bodyweight circuit training system consists of the following elements

· Seven-station circuit training system providing full-body workout modules.

· Fitness Court body-weight training wall with custom 3M vinyl graphics.

· Thirty pieces of body-weight fitness elements for simultaneous use by 28 users at one time. Fitness Elements anchored and grouped within seven stations. Layout per plans.

· Fitness Equipment includes:

· (2) Push Stations

· (4) Pull Stations

· (2) Bend Stations

· (8) Lunge Steps

· (4) Sets of Pull Rings

· (2) Sets of Push Rings

· (1) body-weight training wall (32’W x 2’-6”D x 6’ H)

· Bolts, attachments, stencils, and anchors required for installation.

Court Surface:

· Outdoor Sports Floor Size: 1,024 SF (32’x32’) per Fitness Court Floor

· 1” Blue outdoor rated Fitness Tile

· 96’ total of ADA Border ramp tile around 3 sides of Sports Floor

· Floor graphics including paint and mask for (7) zone markings, (1) agility ladder, and (2) sets of agility dots

Court Specifications:

· All structural components are made from high-grade carbon steel.

· Structural components receive high-grade dual layer powder coating.

· All cladding (skins) made from high-grade aluminum and powder coated.

· Graphics and signage printed with anti-graffiti over-lamination material.

· Manufactured in the United States.

· Resilient to heavy, repeated daily use.

· Stainless Steel fittings and bolts included.

· Stainless steel cables.

· Full installation guide provided.

Warranty & Maintenance

· Made for all climates.

· Almost no moving parts (only cables).

· Equipment is anchored into concrete using galvanized or stainless steel anchors.

· Replacement parts available.

· No requirement for disassembly in winter.

· Maintenance guide and touch-up paint included.

· See NFC Warranty for additional details

Mobile App

Includes free mobile app for iOS / Android teaches proper use, routines, and challenges to all users.

· Learn: video guides deliver workouts, and teach the basics for beginners on the Fitness Court®. New content released quarterly, and updated by NFC National Training Team.

· Train: individual audio guides. New content released quarterly, updated by NFC National Training Team.

· Check-in: encourage engagement and check-ins on your local fitness court. GPS technology requires presence at Fitness Court to check in.

· Health-Kit: visualize key health data and metrics in real time, integrating with your outdoor wellness experience

Programming and Training Tools

· Learn: education modules provided by the NFC Training Team offered remotely and provide a range of class templates, coaching tips and more to qualified Ambassadors.

· Train: classes, clinics and challenges become the building blocks; led by Ambassadors, that engage all ages and fitness levels. These guided workout options expand the user community and increase long-term usage and adoption.

· Share: continuous online and print storytelling, engagement and social connection further build out a healthy culture on each Court.

Media support and community engagement materials excite users and strengthen program adoption.

· Custom Grant Announcement Kit: promote the development of the program in your community with support through traditional and social media channels - including a custom Press Release, site rendering, and outreach planning tools.

· Launch Event Promotions Toolkit: announce the launch of the Court on traditional media channels with a separate customized press release, outreach support and uniquely branded assets for social media.

· Opening Day Launch Support: Provide event management templates, guidance for launch event planning, and custom promotional materials (flyers, media assets).

Additional

· Custom Court Design, Construction, and Installation Support

· Customized decal design - no two Courts are the same!

Fitness Court Configuration NFC Fitness Court® Specifications are applicable to all configurations of the Fitness Court®. This project includes installation for:

· (x) Fitness Court®(s) (Fitness Court Layout)

· (x) Fitness Court®Studio (s) (Fitness Court Studio Layout)

PROPOSAL SHEETS

BID PROPOSAL SHEET

The undersigned, having carefully examined the specifications, RFB-DCC-24-2025: Fitness Court System does hereby agree to furnish and deliver to Dutchess Community College, 53 Pendell Road, Poughkeepsie, New York, the following:

To be considered, bids must be submitted using this Bid Form.

Pursuant to, and in compliance with the Invitation to Bid and the Instructions to Bidders relative thereto and all of the Contract Documents, including any Addenda issued by the Owner, whether received by the undersigned or not, we hereby propose to furnish all plant, labor, materials, supplies, equipment and other facilities necessary or proper for, or incidental to the construction of the entire work, all in strict accordance with the provisions of the Drawings and Specifications entitled RFB-DCC-24-2025, dated April 25, 2025 all to the satisfaction and approval of the Owner in accordance with the terms and conditions of the Contract Documents for the following sum(s):

1. TOTAL BASE BID:

_________________________________________________________ Dollars

2. TOTAL ALTERNATE EQUIPMENT:

_________________________________________________________Dollars

COMPANY:___________________________________________________________ ____________________________________________________________

FEDERAL EMPLOYER ID# _______________________________________________

ADDRESS_____________________________________________________________

CITY, STATE, ZIP ______________________________________________________

CONTACT PERSON ____________________________________________________

SIGNATURE___________________________________ TITLE__________________ ________________________________

PHONE________________________________ FAX ________________________

ADDENDA

Any addenda issued by the Owner prior to the Proposal opening date shall become part of the Contract Documents. The Proposer shall enter on this list any addenda issued after this Request for Proposal has been received and shall record receipt of and date of each addenda.

Receipt of the following addenda is acknowledged:

and the provision(s) thereof is (are) included in this Proposal.

NON-COLLUSIVE BIDDING CERTIFICATION

By submission of this bid or proposal, the bidder certifies that:

(a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor;

(b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor;

(c) No attempt has been or will be made to induce any other person, partnership or corporation to submit a bid or proposal;

(d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf.

(e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal in behalf of the corporate bidder.

SIGNED___________________________________________________________________________ (Title)

RESOLUTION – FOR CORPORATE BIDDERS ONLY

RESOLVED that ___________________________be authorized to sign and submit the bid or proposal of this corporation for the following project:___________________________________________________________ and to include in such bid or proposal the certificate as to non-collusion required by Section one hundred three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by ________________________Corporation at a meeting of its

Board of Directors held on the __________day of ___________, 20____ and is still in full force and effect on this __________day of _______________, 20____.

(SEAL OF THE CORPORATION)

Non-Collusive Bidding Certification (Cont’d.)

FOR CAPITAL (PUBLIC WORKS) PROJECTS ONLY

VENDORS MUST SIGN THE FOLLOWING STATEMENT.

I affirm that __________________________has not been found guilty of a willful violation of the New York State Labor Law for failure to pay prevailing wages and supplements, as those terms are defined by the New York State Labor Law, within the twelve (12) months immediately preceding the submission of this bid.

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List"). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should Dutchess Community College receive information that a Bidder/Contractor is in violation of the above-referenced certification, Dutchess Community College will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then Dutchess Community College shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.

Dutchess Community College reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

I, ___________________________________________, being duly sworn, deposes and says that he/she is the _____________________________________________ of the _____________________________________________ Corporation and that neither the Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List.

SIGNED

SWORN to before me this

_______________ day of _______________

201___

Notary Public: _________________________

Sexual Harassment Prevention Certification

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Proposer/Contractor, any person signing on behalf of any Bidder/Proposer/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that the bidder has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment training to all of its employees in compliance with Department of Labor regulations.

Company Firm: ______________________________________________ Address: _______________________________________________ Telephone: ________________________________________________ Signature: _________________________________________________ Print Name: _________________________________________________ Title: __________________________________________________ Date: __________________________________________________

REFERENCES (PLEASE FILL OUT)

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