PEST CONTROL SERVICES



CITY OF POUGHKEEPSIE

POUGHKEEPSIE, NEW YORK

RFP No. 07-09-18

PEST CONTROL SERVICES

Hon. John C. Tkazyik, Mayor

Michael H. Long, City Administrator

Council Members

|Thomas Parise |Penny Lewis |

|Joe Rich |Mary Solomon |

|Robert L Mallory. Jr. |Gwen Johnson |

|Brian Doyle |Dennis Weinel |

Prepared By:

City of Poughkeepsie

62 Civic Center Plaza

Poughkeepsie, New York 12601

CITY OF POUGHKEEPSIE

POUGHKEEPSIE, NEW YORK

RFP No. 07-09-18

PEST CONTROL SERVICES

Hon. John C. Tkazyik, Mayor

Michael H. Long, City Administrator

Council Members

|Thomas E. Parise |Penny Lewis |

|Joe Rich |Mary Solomon |

|Robert L. Mallory, Jr. |Gwen C. Johnson |

|Brian Doyle |Dennis Weinel |

THIS PROPOSAL IS DUE ON August 26, 2009 @ 11:00 A.M.

PLEASE PLACE ALL PROPOSALS IN A SEALED ENVELOPE MARKED WITH THE NAME OF THE BID AND THE NUMBER

Return all bids to the: City of Poughkeepsie

Purchasing Department

62 Civic Center Plaza

Poughkeepsie NY 12601

TO BE ADVERTISED: AUGUST 13, 2009 FOR ONE DAY ONLY

CITY OF POUGHKEEPSIE, NEW YORK

ADVERTISEMENT AND NOTICE TO VENDORS

Beginning immediately the Proposal Documents including Requirements and Contract Documents may be obtained at The City of Poughkeepsie, 1st Floor, 62 Civic Center Plaza, Poughkeepsie, New York. Official bid copies may be advertised and/or obtained on the following website:

Sealed proposals for Pest Control Services will be received by the Board of Contract and Supply, in the Office of the Purchasing Agent, until 11:00 a.m. on August 26, 2009, at City Hall. All proposals must be made upon and in accordance with the form of proposals and attached specifications and shall be submitted in sealed envelopes marked:

PROPOSAL FOR RFP #07-09-18: PEST CONTROL SERVICES

All proposals received pursuant to this notice will not be publicly opened and read.

This Contract includes: RFP No. 07-09-18: In conformance with the attached specifications.

Specifications and Contract are subject to provisions of Chapter 605, Laws of the State of New York of 1959, Section 103-A of the General Municipal Law.

Specifications, form of proposal and contract may be obtained at the office of the Purchasing Agent, City Hall, 62 Civic Center Plaza, Poughkeepsie, New York.

"The City of Poughkeepsie requires that any contractor or subcontractor have, prior to entering into a construction contract with the City of Poughkeepsie with a value in excess of $100,000.00, apprenticeship agreements appropriate for the type and scope of work to be performed, which have been registered with the NYS Commissioner of Labor in accordance with Article 23 of the Labor Law.

Satisfactory evidence of such approved apprenticeship agreements must be provided prior to the award of any such construction contract."

The City reserves the right to waive any informality in the proposals and to reject any or all proposals.

DEPARTMENT OF FINANCE

CITY OF POUGHKEEPSIE

Camilo Bunyi

Commissioner of Finance

Dated: August 11, 2009

Poughkeepsie New York

INSTRUCTIONS AND INFORMATION TO BIDDERS

PAGE 1 OF 2

• Read all documents contained in the proposal specifications.

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

• Proposers are responsible for reporting, in writing, any errors in the proposal specifications to the Purchasing Agent at 62 Civic Center Plaza, Poughkeepsie, NY 12601.

• Questions or clarifications to the technical specifications must be made in writing to the Purchasing Agent prior to the proposal opening. Such questions must be in the possession of the Purchasing Agent at least72 hours prior to the proposal opening. Verbal questions will not be entertained.

• Proposers shall indicate, on the outside of their sealed proposal, the following information:

1. Title and Number of the Proposal

2. Date and Time Proposals are Due

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

• The following forms are necessary to be submitted as a proposal as well as any additional forms requested in the detailed specifications:

1. CS-1 - Proposal form/price pages(s) (exceptions being some proposals for the Department of Public Works, where a separate form may be required). Such exceptions will be noted in the proposal specification.

2. CS-2 - Non-Collusion Affidavit, completed, signed and dated.

It is not necessary to submit our technical specifications with the proposal. They should be retained by the proposer for their records.

• Proposers requesting copies of proposals shall do so in writing and provide a stamped self addressed envelope.

• Proposers must submit one original and one copy of their proposals, unless otherwise stated. The original must be clearly marked. All proposals must be filled out in ink, or be typewritten. Proposals submitted in pencil will be rejected as unresponsive. Proposals which have been corrected by white out or cross out, and have not been initialed and/or dated will be rejected as unresponsive.

• The City of Poughkeepsie is part of a group known as the "Interagency Purchasing Cooperative", which consists of the County of Dutchess, Dutchess Community College, and 82 different schools and fire districts, cities, towns, and villages located throughout Dutchess County. The City of Poughkeepsie is also part of a group known as the “Hudson Valley Municipal Purchasing Group” (HVMPG), which consists of the Counties of Dutchess, Rockland and Ulster; the Town of Cortlandt; City of New Rochelle and the Pearl River School District. Other municipal purchasing agencies in the Hudson Valley will be joining this regional system in the months to come. The prices submitted in this proposal may be extended and offered to these various agencies for their consideration. If they choose to participate in the proposal they will be submitting their own purchase documents directly to the successful vendor(s).

• Samples may be requested by the City for the purpose of product evaluation. It is understood that samples will be provided at no charge to the City and will be returned, when requested, within 30 days after the evaluation is completed, at the expense of the vendor. All samples left longer than 30 days after the evaluation period will be discarded.

• Any proposer, contractor, or manufacturer who, in the course of his work, uses or supplies products which may be toxic or harmful, shall provide an MSDS to the City of Poughkeepsie prior to the use of those products by the City or the contractor.

INSTRUCTIONS AND INFORMATION TO BIDDERS

PAGE 2 OF 2

• Sealed proposals for Pest Control Services will be received in the Office of the Purchasing Agent, 62 Civic Center Plaza, Poughkeepsie, New York 12601, on or before 11:00 a.m., August 26, 2009. Specifications and proposal forms are attached hereto.

• All mailed proposals will be sealed and distinctly marked "PROPOSAL FOR RFP# 07-09-18." PEST CONTROL SRERVICES”.

• The City of Poughkeepsie officially distributes bidding documents from the Purchasing Office or through the Hudson Valley Municipal Purchasing Group’s Regional Bid Notification System. Copies of bidding documents obtained from any other source are not considered official copies. Only those vendors who obtain bidding documents from the Purchasing Office, Department of Public Works or the Regional Bid Notification System will be sent addendum information, if such information is issued.

• If you have obtained this document from a source other than the City of Poughkeepsie Purchasing Office, or the HVMPG Regional Bid Notification System it is recommended that you obtain an official copy. You may obtain an official copy by registering on the HVMPG Regional Bid Notification System at.

• The Purchasing Agent, and/or his designee, shall be the only one authorized to make changes or alterations to anything contained in these specifications. Such changes shall be in writing and posted on the HVMPG web site.

• All proposals 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.

• The Purchasing Agent reserves the right to reject all proposals, parts of all proposals, or all proposals for any one or more supplies or contractual services included in the proposed contract, when such rejection is in the best interest of the City.

• The contract will be awarded to the RESPONSIBLE PROPOSER best meeting the needs of the City, based on, but not limited to:

a. Approach to the project.

b. Experience in meeting the needs of the project (examples should be submitted with the proposal).

c. Experience working with other entities (references must include client name, contact person, phone number and description of project).

d. Ability to provide services in a timely manner, meeting established project deadlines, including a strategy of key activities and ability to meet target schedule.

e. Proposed cost.

And who has demonstrated judgment and integrity, is of good reputation, experienced in his work, whose record of past performance in the trade is established as satisfactory, and whose financial status is such to provide no risk to the City of Poughkeepsie in its contractual relations.

• No proposer may withdraw a proposal within forty-five (45) days after the actual date proposals are due.

• Upon acceptance of any proposal, the successful proposer shall execute a contract, in accordance with the specifications, with the City of Poughkeepsie, State of New York.

• Proposers who are required to adhere to the prevailing wage schedule shall obtain and maintain a current schedule from the New York State Department of Labor for the entire term of the contract. The City may audit adherence to this schedule at any time during or after the contract period.

Date: August 11, 2009

REQUEST FOR PROPOSAL

RFP# 07-09-18

PEST CONTROL SERVICES

INTENT:

It is the intent of the City of Poughkeepsie to seek the best pest management/control service agreement available in the marketplace today, at the lowest possible cost. To that end, the City of Poughkeepsie Department of Public Works is seeking proposals for Pest Control Services. The annual service shall be offered for three types of facilities and related property to include trees.

The pest control services to be performed in City of Poughkeepsie public buildings include Industrial, Commercial, and Residential type of facilities. Industrial facilities are the traditional maintenance shops with lunch rooms. City Hall with three floors of offices is considered to be a commercial building. City residential buildings are the firehouses and public safety building where city employees reside 24/7.

In addition to annual building pest management programs for the three types of public buildings, the

City desires the ability to request pest control services for other related properties. The pest control services for related city properties are sporadic one time requests. The number of requests

will vary year to year. They include the eradication of pests found in tax deeded properties, city trees,

parks, grounds, etc.

Pest control services to be performed shall include but not be limited to: building inspections; follow-

up visits, control of crawling, flying and boring insects (including carpenter ants and carpenter bees but to exclude termites and wood boring beetles), rats, mice, bats, and other pests. Each

proposal shall include a comprehensive pest management plan for each of the three different types of

city buildings. The proposals for individual service calls should include all vendor time and

materials to accomplish the requested control/eradication and a reasonable response time.

1. CITY BUILDING LOCATIONS:

The locations of the buildings to be managed are as follows:

2.01 Industrial Type Property:

a. D.P.W. Sign Shop, 26 Howard St. Ext. (approx. 1,300 sq. ft.)

b. Recreation Repair Shop, 26 Howard St. Ext. (approx. 2,300 sq. ft.)

c. Shade Tree Shop/Trailer, 26 Howard St. Ext. (approx. 224 sq. ft.)

d. Central Garage Repair Facility, 26 Howard St. Ext. (approx. 15,480 sq. ft.)

e. Water/Sewer Crew Shop/Two Trailers, 26 Howard St. Ext. (approx. 320 sq. ft.)

f. Electrical Shop, 26 Howard St. Ext. (approx. 1,800 sq. ft.)

g. Refuse Transfer Station & Office, 26 Howard St. Ext. (approx. 2,500 sq. ft.)

h. D.P.W. Administration Office/Trailer, 26 Howard St. Ext. (approx. 2,110 sq. ft.)

02. Commercial Type Property:

a. City Hall, 62 Civic Center Plaza. This is similar to a commercial office building and includes a police station, municipal offices, city court, and underground parking garage.

(approx. 45,000 sq. ft.)

2.03 Residential or Semi-Residential Properties:

a. 18 North Clover Street, Fire Headquarters, (approx. 6,000 sq. ft.)

b. 230 Hooker Avenue, Engine # 7 Fire House, (approx. 3,000 sq. ft.)

c. 505 Main Street, Public Safety Facility (approx. 20,625 sq. ft.)

In addition to having an annual pest management and control plan for the above locations, the City of Poughkeepsie may request one time pest/rodent control service at City Tax deeded properties (former businesses and homes) and other City assets to include trees, monuments, and grounds located within the City of Poughkeepsie. The vendor’s response time to our individual requests for service is also important to the city and must be included in the proposal.

3. PEST CONTROL PROCESS:

The successful vendor shall use only EPA registered chemicals. The vendor shall have the most updated permits and knowledge to apply the same, and shall supply a copy of his or her permit in the proposal submission, in order to be considered. The successful vendor shall also, when possible, use means other than chemicals to control pests. The vendor shall employ courteous and knowledgeable staff to perform the application of chemicals. The City of Poughkeepsie will reserve the right to request alternate personnel in the event that the applicators are discourteous or not knowledgeable.

4. STATEMENT OF QUALIFICATIONS:

All vendors shall supply to the City of Poughkeepsie with each proposal a copy of the company’s pest management plan, listing the level of the services provided for the customer (City of Poughkeepsie) and the type of warranties, lists of certifications held by technicians, proof of insurance coverage. The vendors shall also supply a statement of references for each type of facility, i.e. Industrial, Commercial & Residential, listing how many years in business, expertise associated with the type of properties to be controlled, names and numbers of contact persons for references.

5.0 CONTRACT TERM:

The term of each service contract shall be 09/01/2009 to 08/31/2010, with option to renew for two additional twelve month periods.

6.0 AWARD and PAYMENT:

The proposal shall list all of the services that will be provided, and the frequency of these services. Vendors may give proposals on “A” Industrial, “B” Commercial, “C” Residential/ Semi-Residential, and/or “D” Individual Service Requests. Each Proposal (A thru D) may be awarded separately.

01. Award

The contract will be awarded based on, but not limited to:

a. Experience (references must include client name, contact person, phone).

b. Frequency of services and the number customer visits planned for each type of facility.

c. Vendor response time for one time service requests.

d. Cost

02. Payment/Cancellation

Vendor shall submit for a detailed invoice of services on a monthly basis.

The City of Poughkeepsie reserves the right to cancel the service on a (30) day written notice, based on non-performance.

7.0 INSURANCE CERTIFICATE REQUIREMENTS PRIOR TO START WORK

7.01 Liability Insurance.

Additionally, the Contractor shall provide proof that the Owner is covered as an additional insured by an original or certified copy of a Declarations Form with signature of an authorized agent of the issuing carrier showing the owner as additional insured and coverage of the contractual liability of contractor with policy limits not less than $1,000,000.00 as stated in the annexed contract and specifications governing this job.

02. Worker’s Compensation Coverage.

The Contractor agrees to obtain any and all insurance as required pursuant to the provisions of the Worker’s Compensation Law of the State of New York. The failure to provide such coverage shall render this Contract null and void. Evidence of statutory worker’s compensation and disability benefits coverage for the duration of the proposed work for all employees on site of the project and in case any work is sublet, the Vendor shall require such subcontractor similarly to provide evidence of coverage. (Proof of coverage: C105.2 or U-26.3).

8.0 PREVAILING WAGE RATES

Article 9, Sections 230 through 239, of the NYS Labor Law, as it pertains to wages and benefits shall be adhered to. This project has been assigned a unique case number PRC#2009900715. Rates may be obtained at or by contacting the purchasing office at 845-451-4048.

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 the provisions of the Labor Law, including but not limited to Article 9 of said Law, and shall pay prevailing wages as defined in said Law, to all building service employees, and shall require all subcontractors to do the same.

In order to insure compliance with these provisions, the City 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 City either at the Contractor's place of business or, at the option of the City, to submit certified copies with requests for payment or at such other times as the City may require.

9.0 QUESTIONS

Questions related to the technical specifications of this bid shall be directed to Mr. Sam Dubois, Buildings and Grounds Supervisor. He may be reached at 845-451-4112 Monday through Friday from 8:30 am to 4:30 pm.

THE CITY OF POUGHKEEPSIE RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS IF IT IS IN THE BEST INTEREST OF THE CITY TO DO SO.

PROPOSAL SHEET

FOR

PEST CONTROL SERVICES

RFP # 07-09-18

VENDOR: ________________________________________________

ADDRESS: ________________________________________________

________________________________________________

PHONE: ( ) __________________ FAX: ( ) ______________

In conformance with the requirements listed herein, please answer all of the following questions:

1. Vendors, please attach your list of qualifications on a separate sheet:

(See attached sheet)

2. Vendors, please provide prices for pest control proposal(s) on:

2009-2010 2010-2011 2011-2012

Annual Price Annual Price Annual Price

A. Industrial: $_____________ $_____________ $____________

B. Commercial: $_____________ $_____________ $____________

C. Residential: $_____________ $_____________ $_____________

2009- 2010 2010-2011 2011-2012

Each Request Each Request Each Request

D. Related Property: $__________ $___________ $___________

D.1 It will be assumed that response time will not change from year to year, please include your response time (Monday-Friday) to individual service requests. Response Time: ________hrs

The City of Poughkeepsie reserves to right to renew for the second and third 12 months.

Vendors, please attach your detail on the level of service you will provide in each category.

REFERENCES (PLEASE FILL OUT)

Project: __________________________________________________________

Type of Work: _____________________________________________________

Location: _____________________________________________________

Project Value: _____________________________________________________

Contact Person: _____________________________________________________

Phone Number: _____________________________________________________

Project: __________________________________________________________

Type of Work: _____________________________________________________

Location: _____________________________________________________

Project Value: _____________________________________________________

Contact Person: _____________________________________________________

Phone Number: _____________________________________________________

Project: __________________________________________________________

Type of Work: _____________________________________________________

Location: _____________________________________________________

Project Value: _____________________________________________________

Contact Person: _____________________________________________________

Phone Number: _____________________________________________________

CITY OF POUGHKEEPSIE

Purchasing Department

BID PROPOSAL FORM

Bid submitted by: _____________________________________________

_____________________________________________

_____________________________________________

The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered:

_____________________________________________

_____________________________________________

The vendor hereby agrees to the provisions of Section 103-a of the General Municipal Law which requires 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, to sign a waiver of 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 any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, and

(b) any and all contracts made with any municipal corporation or any public department, agency or official thereof, since the effective date of this law, 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 without incurring any penalty or damages on account of such cancellation or termination, but any moneys owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid."

The vendor does hereby certify that he or it is under no such impediment or disqualification from bidding created under Section 103-b of the General Municipal Law of the State of New York.

CS-1

As required by Section 139-d of the New York State Finance Law, the bidder certifies that:

(a) the bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of 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, nor, 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. The signature of the Contractor to this contract shall be deemed a specific subscription to the certificate required pursuant to Section 139-d of the State Finance Law and the Contractor affirms that the statements therein contained are true under the penalties of perjury."

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

Signed ____________________________

By ____________________________

(President)

Dated ___________________

If a corporation, give the State of Incorporation, using the phrase "corporation organized under the laws of

________________________________________________________________________."

If a partnership, give names of partners, using also the phrase "co-partners trading and doing business under the firm name and style of

________________________________________________________________________."

If an individual using a trade name, give individual name, using also the phrase "an individual doing business under the firm name and style of

________________________________________________________________________."

CS-2

AGREEMENT

THIS AGREEMENT, MADE THIS ____day of _____, 2009 by the CITY OF POUGHKEEPSIE, NEW YORK, a municipal corporation created and organized under the laws of the State of New York with offices at the Municipal Building, 62 Civic Center Plaza, Poughkeepsie, New York 12601, (hereinafter referred to as the OWNER or the “City” or “we” or us “), and_______________________., a Corporation with offices at _____________________________ (hereinafter refereed to as the CONTRACTOR or “you” or “your” or “it”).

WHEREAS, the CITY is desirous of having certain work undertaken as more specifically detailed in the annexed bid documents, entitled __________________________________which is incorporated herein as Schedule A;

WHEREAS, the funds for such work have been duly appropriated by the Common Council of the City of Poughkeepsie and appear in the budget for the Fiscal Year 2009 at line items _____________;

WHEREAS, the CONTRACTOR has duly submitted a bid for the work of Bid Number ____________ to the Owner and the same has been found to be best proposal meeting the needs of the City;

WITNESSETH, that upon the consideration, mutual covenants and agreements contained herein, the parties hereto do mutually agree as follows:

ARTICLE 1 STATEMENT OF WORK

The Contractor shall furnish all labor, materials, equipment and incidentals required for __________________

in strict compliance with the Specifications, schedules, plans and drawings, annexed hereto in Schedule A.

ARTICLE 2 COSTS

Pursuant to the Contractor’s bid proposal the Owner agrees to pay the sum of ______________________(000.00) pursuant to this Contract and the Contractor agrees to accept said sum as full compensation for any and all work performed pursuant to said Contract. The schedule of said payments will be made pursuant to the terms contained herein.

ARTICLE 3 COMMENCEMENT OF WORK

The Contractor agrees to commence work on or about the day of 2009__, with said work to be fully and satisfactorily completed by the day of ______________, 2009 which date is _________ calendar days from date of commencement.

ARTICLE 4 BONDS

No bonds are required for this contract.

ARTICLE 5 DEFINITIONS

All terms shall be as defined in the Contract Documents, attached as Schedule A.

ARTICLE 6 OWNER AND CONTRACTOR’S REPRESENTATIVE

a. The work will be under the general direction of the Owner, who shall designate a representative hereinafter referred to as the Recreation Superintendent who shall, under the direction of the Owner, have complete charge of the work and shall exercise full supervision and direction of the work so far as it affects the interest of the Owner. The undertaking of the general direction of work by the Owner does not create any responsibility on behalf of the Owner to insure completion of work nor does it alleviate the full and complete responsibility of the Contractor for all work.

b. The Contractor shall designate a representative satisfactory to the Owner who shall be present at the site of the work at all times, and who shall have authority to act for the Contractor in all matters pertaining to the work.

ARTICLE 7 PERFORMANCE OF WORK

a. License and Permits. The Contractor shall obtain, maintain and pay for any and all permits and licenses legally required. The Contractor shall give all notices, pay all fees, and arrange for all inspections and approvals required by any governmental agencies. The Contractor shall comply with all laws, rules and regulations applicable to the Work to be performed hereunder. All of the above shall be done at no cost to the City. Questions relating to any applicable permits, rules or regulations shall be referred to our appropriate representative. If you perform any work which is contrary to any laws, ordinances, rule regulations permit conditions, building codes, orders or directives, you shall assume full responsibility therefore and you shall bear all costs and expenses thereto. You shall comply with the Federal Occupational Safety and Health Act and the American Disabilities Act.

b. Responsibility of Contractor. The Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in connection with the performance of the work, and shall be responsible for all materials delivered (including Owner furnished material and equipment delivered to the Contractor unless otherwise specifically provided) and work performed until completion and final acceptance. Upon completion of the Contract the work shall be delivered complete and undamaged.

c. Safety Measure. The Contractor shall take all reasonable steps to prevent injury to persons or property in performance of this Contract, and the Contractor shall take such other further steps as may be required by the Recreation Superintendent to the end of promoting safety and avoiding accidents.

ARTICLE 8 QUALIFICATIONS OF CONTRACTOR

You specifically represent and covenant that you and your officers, employees, agents, servants, consultants, and sub-contractors have and shall possess the licenses, experience, knowledge and character necessary to qualify you or them individually for the particular duties they perform hereunder.

ARTICLE 9 PAYMENT AND RELEASE

The Contractor shall be entitled to partial payments hereunder in consideration for the services so rendered upon the submission of a statement in a form satisfactory to the City.

ARTICLE 10 ASSIGNMENT OR DELEGATION

The Contractor shall not assign any rights or interest under this Contract or in any other manner dispose of its interest herein, nor shall the Contractor delegate its duties and responsibilities under this Contract without the prior written approval of the Owner.

ARTICLE 11 DEFENSE OF ACTIONS

The Owner, its officers or employees or agents shall not in any manner be answerable or responsible for any injuries or damages or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees of the Contractor or otherwise, or for damages to any property, whether belonging to the Owner or to others occurring during or resulting from the Work under this Contract. The Contractor shall take all necessary steps to prevent all such injuries, damages and compensation. The Contractor shall at all times indemnify and save the Owner, its officers employees and agents harmless against all claims, law suits, injuries, damages, compensation, awards and legal fees incurred in defending such claims and law suits, arising from work performed under this contract, other than claims for the Owner’s own negligence, to the extent permitted by applicable law.

ARTICLE 12 INSURANCE

A. During the entire term of this Contract, the Contractor shall be responsible for obtaining and maintaining any and all insurance policies as may be necessary to protect itself, its subcontractors, and the Owner from any and all claims arising from bodily injury, property damage or death that may occur as a result of the Work performed under this Contract. Prior to the commencement of the Work, the Contractor shall furnish the Owner with original insurance policies or the declaration sheet of such policies of insurance, showing the Owner as an additional insured as required in this Article, and the coverage and endorsements that are required by this Agreement and the specifications (as amended) for the work that the Contractor is bound to perform, together with certificates of insurance issued by the insurance carrier and signed by an authorized agent of the carrier, indicating thereon that all premiums have been paid, the form of policy and the specific endorsements that have been contracted for by the Contractor, as follows:

1. Worker’s Compensation;

a.) The Contractor agrees to obtain any and all insurance as required pursuant to the provisions of the Worker’s Compensation Law of the State of New York. The failure to provide such coverage shall render this Contract null and void. Evidence of statutory worker’s compensation and disability benefits coverage for the duration of the proposed work for all employees on site of the project and in case any work is sublet, the Vendor shall require such subcontractor similarly to provide evidence of coverage.

(Proof of coverage: C105.2 or U-26.3).

b.) In the event the statute does not require coverage of the contractor, contractor must complete NYS Workers’ Compensation Board Form WCDB-100 or 101 and provide the City with a properly executed copy thereof.

2. Contractor’s General Liability and Property Damage with policy limits of not less than $1,000,000.00 (One Million Dollars);

3. Comprehensive Vehicular Liability Insurance (on all automobiles, trucks and other vehicular equipment that are used by the Contractor and its subcontractors whether owned, leased or otherwise operated by the Contractor and subcontractors) with policy limits of not less than $1,000,000.00 (One Million Dollars);

B. All certificates of insurance shall contain a clause naming the Owner as loss payee on the policies and providing that any notices of cancellation of insurance be given to the Owner’s Law Department upon no less than ten (10) days notice.

C. Renewal certificates covering the renewal of all policies expiring during the life of this Contract shall be filed with the Owner not less than thirty (30) days before the expiration of such policies.

D. The Owner reserves the right to accept other documents as proof of insurance issued by the insurance carrier or its duly authorized agent, provided such proof is accompanied by an affidavit from an officer of the insurance carrier confirming the agent’s authority to bind the carrier with the proof that is submitted, with certification thereon.

All insurance companies issuing policies relating to this Contract must be licensed to do business in New York State and be approved by the Owner’s Law Department.

E. All policies of insurance, certificates of insurance or other proof approved by the Owner under subparagraph (d) above (collectively referred to as “proof of insurance”) shall be provided to the Owner prior to the performance of any Work under this Contract. The Owner’s failure to expressly demand proof of insurance shall not be deemed a waiver of the requirements of this Article, and the same may be requested at any time of the Contractor herein. The failure to provide proof of insurance shall render this Contract voidable at the option of the Owner.

ARTICLE 13 COMPOSITION OF THE CONTRACTOR

If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

ARTICLE 14 DISPUTES

Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under this Contract which is not disposed of any agreement shall be decided by the Recreation Superintendent, who shall reduce his decision to writing and mail, or otherwise furnish a copy thereof to the Contractor. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the decision of the Recreation Superintendent.

ARTICLE 15 TERMINATION

a. Without Cause: The City may terminate this agreement upon ten (10) days’ prior written notice to the Contractor of its intent to terminate without cause.

b. With Cause: The City may terminate this agreement effective immediately, with subsequent written notice to be given to the Contractor of termination with cause.

In the event of termination with or without cause, the Contractor shall deliver to the City any or all drawings, specifications, reports and other data, records, materials, and equipment in his custody or control pertaining to the Agreement and the City shall pay the Contractor all amounts due to the time of termination in accordance with the terms of this Agreement. Such termination shall not give rise to any cause of action against the City for damages, loss of profits, expenses or other remuneration of any kind. Notwithstanding the foregoing, the Contractor shall be liable to the City for all such damages and expenses without litigation to any such moneys being withheld by the City and the failure of the City to withhold moneys from the Contractor shall not be construed as an acknowledgement by the City that no such damages or expenses exist and shall not prevent the City from thereafter making any claim against the Contractor therefor.

ARTICLE 16 NON-WAIVER

Failure to enforce any rights, options, and privileges under any provision of this agreement shall not be deemed a waiver therof and shall not preclude such enforcement on any subsequent occasion. The failure to enforce one right, option, or privilege shall not be deemed a waiver of the right to enforce any other right, option, or privilege.

ARTICLE 17 NONDISCRIMINATION

In connection with the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, creed, sex, color, national origin, disability or marital status and you shall take affirmative action to ensure that equal opportunities without discrimination because of age, race, creed, sex, color, national origin or marital status. No services to be rendered pursuant to, or in connection with, this agreement may be refused to any person because of age, race, creed, sex, color, national origin, or marital status.

ARTICLE 18 LABOR LAW

This project is a “Public Work” project and is subject to all the provisions contained in the New York State Labor Law. Any Contractor submitting a bid for this project shall acknowledge that said project is “Public Work”. Contractor shall comply with all the provisions of the Labor Law, including but not limited to Article 8, 8-A and 9 of said Law. Contractor shall pay prevailing wages as defined by said Law to all laborers, workers, and mechanics, and shall require all subcontractors to do the same. In order to ensure compliance with these provisions, the City shall be entitled to review and /or audit the Contractor’s payroll records form time to time and may require the Contractor to make such records available to the City either at the Contractor’s place of business or at a location designated by the City. The Contractor or subcontractor(s) if any shall submit to the City with all requests for payment, certified payrolls or transcripts of the original payroll record, subscribed and affirmed as true under penalties of perjury.

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 you shall fail, in one or more instances to pay the prevailing wages and supplements in accordance with the New York State Labor Law, 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 City or any individual may be entitled or any civil or criminal penalty for which any violator may be liable, the City shall have the right, in its discretion, to terminate the contract immediately on notice. In such event, the Contractor shall be liable to the City for any additional costs incurred 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 City or otherwise, the remedies contained in said Law shall be exclusive and shall not create any obligations by the City to enforce said law on behalf of anyone nor create any rights on behalf of anyone against the City.

ARTICLE 19 WAGES AND HOURS OF WORK

No laborer, workman, chauffeur, or mechanic in the employ of the Contractor shall be permitted or required to work more than eight hours in any one day or more than five days in any one week, except in case of extraordinary emergencies, including fire, flood, or danger to life or property, or in case of national emergency when proclaimed by the President of the United States of America. No person shall be so employed more than eight hours in any day or more than five days in any week except in such emergency.

In the event of such proclamation of a national emergency by the President, application for dispensation from the provisions of Section 220 of the Labor Law of the State of New York must be made pursuant to the provisions of the war emergency act and such dispensation granted pursuant thereto before any laborer, workman or mechanic may be employed beyond the hours specified in Section 220 of the Law of the State of New York.

The following forms a part of these Specifications in compliance with Article 8, Section 220, Division 3 of the Labor Law of the State of New York, which reads in part as follows:

“It shall be the duty of the fiscal officer, as defined in this section, to ascertain and determine the schedule of wages to be paid Workers, laborers and mechanics on each such public work prior to the time of the advertisement for bids, and such schedule of wages shall be annexed to, and form a part of, the specifications for the work. Such fiscal officer shall file with the department having jurisdiction such schedule of wages to the time of the advertisement for bids on all public works proposed to be constructed. The term ‘contract,’ as used in this subdivision shall include reconstruction and repair of any such works.”

ARTICLE 20 LIABILITY OF THE OWNER

Neither the Owner nor any agent, officer, or representative thereof, shall be liable for or be held to pay any money to the Contract except as herein provided; and the acceptance by the Contractor of the payment provided on the final estimate shall operate as, and shall be a release of said Owner, its officers and agents, from all claims and liability to the Contractor for anything done or furnished for or relating to the above work, or for any act or neglect of the Owner of any person relating to or affecting the work, except the claim against the Owner of remainder, if any there be, of the amount kept or retained as herein provided.

ARTICLE 21 TERMINATION FOR REFUSAL TO TESTIFY

The bidder or Contractor, as the case may be, agrees on his own behalf (if he is an individual) or on behalf of the partnership (if it be a partnership), or on behalf of its directors, officers, and employees (if it be a corporation), that upon the refusal of said person, firm, partnership, or corporation, when called before a Grand Jury to testify concerning any transaction in connection with the within Specifications or contract, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning the within Specifications 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 the City of Poughkeepsie or any public department, agency or official thereof for goods, work or services, for a period of five years after such refusal, and

b. Any and all contracts made by such person, firm, partnership or corporation with the City of Poughkeepsie or any public department, agency or official thereof, since July 1, 1959, by such person, and by any firm, partnership or corporation of which he is a member, partner, director, or officer may be canceled or terminated by the City of Poughkeepsie without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the City of Poughkeepsie for goods delivered or work done prior to the cancellation or termination shall be paid.

Bidder warrants that he (they) is (are) not disqualified from bidding on the herein proposed contract by reason of the provisions set forth in Chapter 105, Laws of 1959 (Section 103A, General Municipal Law.)

ARTICLE 22 RETENTION OF RECORDS

The Contractor agrees to retain any and all records concerning the work performed pursuant to this Contract. Bid records shall include, but shall not be limited to, employment records, purchase records, insurance records, schedule of hours worked, records of all payments, record of any claims made against Contractor, contracts and correspondence with subcontractors. Such records shall be maintained by the Contractor and made available on request by the Owner for a period of not less than six years from the completion of the within contract.

ARTICLE 23 ENTIRE AGREEMENT

The Contract herein represents the entire understanding between the parties and shall not be modified except by a signed agreement mutually entered by the parties hereto.

ARTICLE 25 SECTION 3 CLAUSE

The following provisions shall apply to all Section 3 contracts:

a. The work to be performed under this contract is subject to requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

b. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons(s) taking applications for each of the positions; and the anticipated date the work shall begin.

d. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulation in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR part 135.

e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.

f. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

g. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

h.

THE CITY OF POUGHKEEPSIE

By: ___________________________________

Mayor

By: ____________________________________ Contractor

STATE OF NEW YORK )

) ss:

COUNTY OF DUTCHESS )

On the day of , , before me, the undersigned, a Notary Public in and for said state, personally appeared John C. Tkazyik, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted, executed the instrument.

________________________________

Notary Public

STATE OF NEW YORK )

) ss:

COUNTY OF DUTCHESS )

On the day of , , before me, the undersigned, a Notary Public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted, executed the instrument.

________________________________

Notary Public

SCHEDULE A

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