1Environmental Engineering Services _ Request for Proposals.pdf

Request for Proposals:

Environmental Engineering Services to Perform Brownfield Assessments & Redevelopment Planning

Prepared by: Herkimer County Industrial Development Agency

September 28, 2026

Request for Proposals:

Environmental Engineering Services to Perform Brownfield

Assessments & Redevelopment Planning

Section A – Overview 1

1. Summary and General Information 1

2. Scope of Services 2

3. RFP Process 2

4. Quality Assurance Project Plan 3

5. Health and Safety Plan 3

6. Phase I Environmental Site Assessment (Petroleum & Hazardous Substances) 3

7. Phase II Environmental Site Assessment (Hazardous Substances) 4

8. Quality Control 4

9. Pre-Submission Conference 4

10. Inquiries 4

Section B – Standard Terms and Conditions 4

1. Contractor’s Agreement 4

2. Business Registration (if applicable) 5

3. Insurance 5

4. Compensation 5

5. Compliance – Laws 5

6. Compliance – Federal Laws 5

7. Compliance – State Laws 5

8. Causes for Rejection 5

Section C – Instructions for Preparation and Submission of Proposals 5

1. Form and Content of Submission Documents 5

2. Evaluation Criteria 7

3. Time and Place for Submitting Responses 7

STANDARD CLAUSES FOR ALL COUNTY CONTRACTS

NON-COLLUSIVE BIDDING CERTIFICATION

INSURANCE REQUIREMENTS FOR HERKIMER COUNTY

Section A - Overview

1. Summary and General Information

Herkimer County Industrial Development Agency (HCIDA) will utilize the EPA Brownfield Assessment Grant to revitalize severe industrial blight across strategic target areas in the County of Herkimer. Following decades of manufacturing decline, population loss, and economic disinvestment, the region is left with hundreds of aging, contaminated, and structurally compromised facilities that pose serious public health risks to its sensitive local population, including elevated rates of lead exposure, asthma, and chronic disease.

To combat this, the HCIDA has identified several high-priority waterfront and downtown sites for intensive environmental evaluation and strategic reuse.

The EPA has awarded the Herkimer County Industrial Development Agency a brownfields assessment grant for environmental investigations and remedial planning activities.

The grant activities are separated into and will be performed in four tasks as follows:

1. Select sites for environmental characterizations;

2. Conduct community outreach;

3. Perform site assessments; and

4. Prepare written reports regarding the environmental characterizations.

This Request for Proposals (RFP) has been issued to determine the eligibility of responding organizations (“Applicants”) to develop and manage the Project. The RFP and its attached exhibits describe the terms and conditions under which the HCIDA will select a contractor (“Contractor”). The Herkimer County Industrial Development Agency will then enter into negotiations with the Contractor to formalize a Contractor Agreement. An executed contract is anticipated by November 30, 2026.

Proposals shall describe the Applicant’s qualifications, a description of past projects which are similar in nature to this Project, an explanation of how the Applicant would perform task services, and cost estimate.

Proposals are due no later than October 21, 2026 at 2:00 PM. See Section C for details regarding submission instructions.

2. Scope of Services

Under the work plan and budget approved by the EPA, a total of $472,600.00 is reserved for the Contractor to perform the following services:

Conduct Inventory and Select Sites for Assessment: The selected contractor will inventory potential Brownfield sites in the study area and develop a list of these sites along with a map showing their location. The contractor, in conjunction with the entity receiving the EPA Assessment grant will select from the inventory specific sites to perform assessments.

Conduct community outreach: Participate in stakeholder meetings held to review progress on the Area Wide Assessment and to receive input on grant activities.

Perform site assessments: Work would include the following:

• Preliminary Assessments

• Work plan preparation, to include Health and Safety Plans

• Site Investigations

• Remedial Investigations

• Remediation Plans

• Presentations and meetings with HCIDA and other stakeholders

• Redevelopment Planning

Prepare written reports regarding the environmental characterizations: The report will contain a description of the work performed, a list of the sampling results, and interpretations of the findings. The report will also include maps and figures illustrating sampling locations, the findings of the investigations, and tables of the data. This report will be used by Herkimer County Industrial Development Agency to communicate environmental conditions to community officials, property owners, other interested community members, potential developers, and other interested stakeholders, as well as to provide the basis for redevelopment planning.

3. RFP Process

The RFP process consists of three phases: a) Proposals, b) Selection of Contractor, and c) Execution of Required Legal Documents.

a. Proposals

Applicants must submit their Proposals in accordance with the instructions in Section C.

i. An application must include all information requested in the RFP and demonstrate that the Applicant possesses relevant experience.

ii. An Applicant’s submission of qualifications will be considered, as permission for Herkimer County Industrial Development Agency to make inquiries concerning the Applicant’s prior performance as staff deems necessary.

b. Selection of Contractor An evaluation panel (“Panel”) will be assembled to review applications. The Panel may, at its discretion, notify an Applicant that additional information or clarification is necessary. The selection process may involve interviews, contacts with references, and review of other information.

An Applicant may be rejected at any time if adverse findings are made with regard to the Applicant or any of its principals or related entities.

The Herkimer County Industrial Development Agency further reserves the right, in its sole discretion, to reject at any time any or all applications, to withdraw the RFP, to negotiate with one or more Applicants, and/or to terminate negotiations without cause.

c. Execution of Required Legal Documents

Upon selection of the Contractor, the Herkimer County Industrial Development Agency and the Contractor will negotiate a Contractor Agreement. The terms of the Agreement, after execution, shall govern the relationship between the Herkimer County Industrial Development Agency and the Contractor. In the event of any variance between the terms of this RFP and the Agreement, the terms of the Agreement will govern.

4. Quality Assurance Project Plan

The Contractor must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow the model developed by the EPA Region 2. The QAPP must be approved by EPA before the beginning of any activity related to this RFP.

5. Health and Safety Plan

The Contractor must prepare a Health and Safety Plan. The HASP must be approved by EPA before the beginning of any activity related to this RFP.

6. Phase I Environmental Site Assessment (Petroleum and Hazardous Substances)

Environmental assessments shall be carried out in accordance with the guidelines established by the American Society for Testing Materials (ASTM Standard Practice E1527-13). A final report per site, duly signed with the number and seal of an environmental professional, will be the product of this task. It will include recommendations based on the findings and conclusions of this environmental assessment.

7. Phase II Environmental Site Assessments (Petroleum and Hazardous Substances)

Using the information gathered from the District Inventory and the Phase I, identify which parcels require a more in-depth assessment and carry out a Phase II Environmental Site Assessments (Phase II).

8. Quality Control

The Contractor will use the corresponding Quality Assurance Project Plan (QAPP), which must be approved by the EPA prior to conducting the Project. All studies prepared and submitted by the Contractor to the organization must include the following signed certification:

“I hereby certify that the document(s) submitted in this study comply with the contract, with the quality standards required by Herkimer County IDA, the U. S. Environmental Protection Agency, and the corresponding federal and local laws and regulations.”

EPA reserves the right to evaluate the quality of the services performed by the CONTRACTOR and return them for review and/or corrections.

9. Pre-Submission Conference (Not Required)

10. Inquiries

Requests for clarifications and/or questions related to this RFP must be submitted in writing, via regular mail or electronic mail, and received no later than October 09, 2026 at 2 PM. Questions received after that time will not receive a response. No interpretations of the RFP will be made orally. All interpretations will be issued by electronic mail to all parties who receive a copy of the RFP. All inquiries shall be addressed to:

Mr. John J. Piseck, Jr., Chief Executive Officer Herkimer County Industrial Development Agency 420 E. German Street, Box #1 Herkimer, NY 13350 jpiseck@herkimercountyida.org

Section B – Standard Terms and Conditions

1. Contractor’s Agreement If deemed the most responsive firm to this RFP, the contractor shall enter into an agreement with the Herkimer County Industrial Development Agency. The contractor, as well as any of its subcontractors or affiliates providing goods or performing work or services under the contract, shall meet the mandatory compliance requirements of the State of New York as set forth by law.

The Scope of Services shall conclude no later than September 30, 2030. The agreement may be terminated at an earlier date upon 60 Days written notice by either mailto:jpiseck@herkimercountyida.org party. The agreement may be extended upon mutual agreement of the parties and approval by the EPA of a request for a No Cost Time Extension.

2. Business Registration (if applicable)

3. Insurance (attached)

4. Compensation Payment terms are 45 days after receipt of invoice.

5. Compliance - Laws The Contractor and any subcontractor or affiliate must comply with all local, state and federal laws, rules and regulations applicable to any contract for the subject project and to any goods delivered, services rendered, or work performed in accordance with the same.

6. Compliance – Federal Laws All work shall be performed in conformance with the specifications and terms contained in the following documents:

7. Compliance – State Laws All work shall be performed in conformance with the specifications and terms contained in the following documents:

8. Causes for Rejection Submittals pursuant to this Request for Statements of Qualifications may be rejected for any or all of the following reasons:

a. Applicant is not authorized to do business in the State of New York;

b. Submission is not responsive to the requirements set forth in this Request for Proposals document;

c. Submission contains false or misleading statements; or

d. Any other parameter that the Herkimer County Industrial Development deems appropriate cause for rejection.

Section C – Instructions for Preparation and Submission of Proposals

1. Form and Content of Submission Documents Contractors shall submit their Proposals in a sealed package with the following information clearly marked on the outside: name, address, and telephone number of the Applicant; and the title, “Professional Engineering Services to Perform Brownfield Assessments.”

Each submission must consist of one bound original and three copies of the Applicant’s qualifications, including all documentation requested as described below.

Each copy should be submitted in a three-ring binder and clearly labeled with the name of the Applicant on the cover. Applicants are also encouraged to submit a USB Flash Drive that includes all submission items.

The following submission items are required:

a. Cover Letter The first page of the proposal shall be a cover letter identifying the overall project as the “Professional Engineering Services to Perform Brownfield Assessments.”

If the proposal is submitted by a corporation (joint venture, associated firms, etc.), the cover letter shall be signed by a corporate officer authorized to do so. One or more of the partners shall sign if the Applicant is a company or partnership.

b. Qualifications Statement Each Applicant shall submit a statement of qualifications that demonstrates the Applicant’s ability to perform the work proposed. The statement should be cognizant of the Evaluation Criteria in Subsection 2 and include the following:

Assessment Team Description The qualifications statement shall identify a lead firm, project manager, and members of the assessment team, including addresses, telephone numbers, fax numbers, and e-mail addresses for each. Resumes for key personnel and an explanation of their anticipated roles as members of the assessment team for the subject project shall be included.

Relevant Experiences The statement shall also describe the Applicant’s capabilities in performing the type of work that will be required by this RFP, including the Applicant’s experience, capabilities and resources to perform the following:

Phase I Preliminary Assessments Surface Geophysical Investigations Soil, Groundwater and Waste Sampling Groundwater Impact Investigations Community Relations

The Applicant shall provide a description of at least three relevant projects demonstrating experience with the services requested. Include the project name, a short description (i.e. location, size, current and prior land uses, environmental investigations conducted etc.), the member’s role in the assessment process, entity for which the project was performed, and a contact name and telephone number. Any experience with “inclusive public processes” such as stakeholder involvement and/or visioning, should be noted.

c. Technical Proposal The Applicant will provide a description of how he intends to perform the services under each task.

d. Fee Structure (add a description of how the cost proposal should be broken out, i.e., hourly rates, equipment fees, subcontractor fees, etc.)

e. Forms and Certifications All forms and certifications cited in the text of this RFP, most of which are provided in the appendices of this document, shall be completed and provided by the Applicant(s) as part of the submission package.

2. Evaluation Criteria The following table shall be used to evaluate all proposals submitted as part of this

RFP:

Evaluation Criteria

Maximum

Point Value

Knowledge of regulations, standards, and techniques for brownfields 15 characterization and remediation in the State of New York

Experience with brownfield site assessments, including urban, wetland, 15 and riparian sites, redevelopment planning

Experience with environmental investigations assisted with EPA 15 brownfield assessment grants and/or other projects of a similar type, especially projects assisted with public funds, multiple projects in one county Experience with innovative brownfield technologies and techniques, 20 including the Triad approach and GIS mapping techniques

Demonstrated ability to integrate Phase I and II outcomes with economic feasibility, market demand, and site reuse planning

Demonstrated ability to complete assigned tasks on time and within 10 budget

Competitive fee structure 10

Maximum Points 100

3. Time and Place for Submitting Responses Applicants shall submit the complete submission package no later than October 21, 2026 at 2 PM to:

Mr. John J. Piseck, Jr., Chief Executive Officer Herkimer County Industrial Development Agency 420 E. German Street, Box #1 Herkimer, NY 13350 jpiseck@herkimercountyida.org

Submissions will NOT be accepted after the above-specified date and time. A submission may be withdrawn prior to the time of receipt of proposals specified herein mailto:jpiseck@herkimercountyida.org

STANDARD CLAUSES FOR ALL COUNTY CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, “the contract” or “this contract”) agree to be bound by the following clauses which are hereby made a part of the contract (the words “contractor” herein refers to any party other than the County, whether a contractor, licensor, licensee, lessor, lessee or any other party).

PARAGRAPH 1. EXECUTORY CLAUSE: In accordance with Section 362 of the

County Law, the County shall have no liability under this contract to the contractor or to anyone else beyond funds appropriated and available for this contract.

PARAGRAPH 2. NON-ASSIGNMENT CLAUSE: In accordance with Section 109 of the General Municipal Law, the contractor is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this contract or of his right, title or interest herein or his power to execute said contract, to any other person or corporation without the previous written consent of the County.

PARAGRAPH 3. WORKERS’ COMPENSATION BENEFITS: In accordance with

Section 108 of the General Municipal Law, this contract shall be void and of no effect unless the contractor shall secure compensation for the benefit of, and keep insured during the life of this contract, the employees engaged thereon in compliance with the provisions of the Workers’ Compensation Law.

PARAGRAPH 4. NON-DISCRIMINATION REQUIREMENT: In accordance with

Article 15 of the Executive Law (also known as the Human Rights Law), in all other state, federal, statutory and constitutional non-discrimination provisions, the contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within New York State, the contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or

(b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract, as defined in Section 230 of the Labor Law, then in accordance with Section 239 thereof, the contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex, or disability: (a) discriminate in hiring any New York State citizen who is qualified and available to perform the work; or (b) discriminate or intimidate any employee hired for the performance of work under this contract; contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all monies due hereunder for a second or subsequent violation.

PARAGRAPH 5. WAGE AND HOURS PROVISIONS: If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither contractors, employees nor the employees, of a subcontractor may be required or permitted to work more than the number of hours or days stated in said statutes except as otherwise provided in the Labor Law and is set forth in prevailing wage and supplemental schedules issued by the State Labor Department. Furthermore, contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplementals including the premium rate for overtime pay as determined by the State Labor Department in accordance with the Labor Law.

PARAGRAPH 6. NON-COLLUSIVE BIDDING REQUIREMENT: In accordance with Section 103-d of the General Municipal Law, if this contract was awarded based upon the submission of bids, the contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time the contractor submitted its bid, said bid contained the non-collusive bidding certification required by Section 103-d of the General Municipal Law.

PARAGRAPH 7. SET-OFF RIGHTS: The County shall have all of its common law and statutory rights of set-off. The rights shall include, but not be limited to, the County’s option to withhold for the purposes of set-off, any monies due to the contractor under this contract up to any amounts due and owing to the County with regard to this contract, and any other contract with the County, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto.

PARAGRAPH 8. RECORD KEEPING REQUIREMENTS: The contractor shall establish and maintain complete and accurate books, records, documents, accounts, and other evidence directly pertinent to performance under this contract for period of six years following final payment or the termination of this contract, whichever is later, and any extensions thereto. The State Comptroller and Attorney General or any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to such books, records, documents, accounts, and other evidential material during the contract term, extensions thereof and said six (6) year period thereafter for the purposes of inspection, auditing and copying. “Termination of this contract”, as used in this clause, shall mean the later of completion of the work of the contract or the end date of the terms stated in the contract.

PARAGRAPH 9. INSURANCE PROVISIONS – CANCELLATION: All insurance policies required herein shall be specifically endorsed to provide that, in the event of cancellation, non-renewal or material change on the part of the insurer, thirty (30) days written notice shall be provided to the County of Herkimer, Office of the County Attorney, 109 Mary Street, Suite 1320, Herkimer, New York 13350, and the inclusion of such an endorsement shall be confirmed on the certificate of insurance required herein.

PARAGRAPH 10. INSURANCE PROVISIONS – POLICIES: Upon request by the County of Herkimer, at any time, the contractor agrees to obtain for the County a certified copy of any insurance policy required herein or any specific endorsement thereto.

PARAGRAPH 11. CONTRACT DISPUTES: Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized and except when consented to by the County) but must, instead, be heard in a court of competent jurisdiction of the State of New York.

Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.

PARAGRAPH 12. INSTALLMENT CONTRACTS: In the event that this contract is an installment contract to purchase equipment, machinery or apparatus, the following statement, pursuant to General Municipal Law Section 109-b, shall be included as a term of this contract: This contract shall be deemed executory only to the extent of monies appropriated and available for purpose of the contract, and no liability on account thereof shall be incurred by the purchaser beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of this contract.

PARAGRAPH 13. DISPOSAL OF WASTE AND RECYCLABLES: All waste and recyclables generated by the contracting party shall be delivered to the facilities of the Oneida-Herkimer Solid Waste Management Authority.

PARAGRAPH 14. GOVERNING LAW: This contract shall be governed by the

Laws of the State of New York except where the Federal Supremacy Clause requires otherwise.

PARAGRAPH 15. CONFLICT OF TERMS: In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of these Standard Clauses, the terms of these Standard Clauses shall control.

NON COLLUSIVE BIDDING CERTIFICATION

SECTION 103-D

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

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

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

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

DATED:

Name of Corporation

BY:

INSURANCE REQUIREMENTS FOR HERKIMER COUNTY

1. Required Coverage:

a. Commercial General Liability

Commercial Form

Each Occurrence Limit $1,000,000 each occurrence

Products/Completed Operations Aggregate $2,000,000 aggregate

Personal Injury and Advertising Injury Limit $1,000,000 each person or organization

General Aggregate on a per-project basis $2,000,000 each project

No reductions in coverage off standard ISO forms for Contractual Liability

b. Automobile Liability

Owned, Hired and Non-owned Autos (Symbol “1” on Business Auto Politics)

Combined Single Limit for Bodily Injury and Property Damage $1,000,000 each occurrence

c. Excess “Umbrella” Liability

$2,000,000 each occurrence and aggregate on a follow-form basis

d. Workers Compensation, Employer’s Liability and NYS Disability

Insurance Statutory coverage for all covered employees

e. Professional Errors and Omissions Insurance for Consultants and Professional Service Providers

$2,000,000 per occurrence/$2,000,000 aggregate for the professional acts of the of the consultant/provider performed under the contract for the municipality. If written on a “claims-made” basis, the retroactive date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for two years following the completion of work

f. A fully completed New York Construction Certificate of Liability Insurance

Addendum (ACCORD 855 2014/02) must be included with the certificates of insurance

2. All insurance carriers providing the above coverages for the Contractor must also be licensed to do so in New York State. All such carriers must be rated no lower than “B+” by the most recent Best’s Key Rating Guide or must be otherwise acceptable to the County. The decision to accept an insurer rests solely with the County

3. Herkimer County and its officers, employees and agents must be named as

Additional Insured, on a primary and non-contributory basis under all policies listed in (a), (c) and (e) above in connection with the services being rendered.

Additional insured status shall be provided with endorsements granting coverage for both ongoing and completed operations. The decision to accept an endorsement rests solely with the County

4. It is expressly understood and agreed by the contractor that the insurance requirements specified above contemplate the use of occurrence liability form