TOMPKINS COUNTY

GENERAL INSTRUCTIONS and CONDITIONS

Responses submitted to any Request for Bids, Request for Proposals, or Request for Qualifications become the property of Tompkins County and are subject to Public Information Policy. Any confidential information, such as a company’s financial status, if required by the specifications, shall be submitted in a separate sealed envelope with the word “CONFIDENTIAL” on the outside.

Minority Business Enterprises (MBE) and Woman Owned Business Enterprise (WBE) entities are encouraged to submit bids.

Note: The following terms are used interchangeably: Consultant, Contractor, Respondent, Responder, and Bidder.

Additionally, the following terms may be used interchangeably: Contract and Agreement.

PROJECT IDENTIFICATION:

Title: 2026 Closed Landfill Leachate Systems Improvements

Requesting Department: Recycling and Materials Management

Pre-Bid Meeting/Site Visit: April 1, 2026 (see Note below)

Due Date/Time: April 22, 2026 at 2 PM ET

Note: A pre-bid meeting and site visit will be held at Caswell Road closed landfill on Wednesday, April 1, 2026 at 10 AM ET (557 Caswell Road, Freeville, NY), the meeting will then move to the Hillview Road closed landfill

(near 225 Hillview Road, Danby, NY). Contractors attending the pre-bid meeting shall notify Nate Bates, Waste

Reduction & Recycling Coordinator, Department of Recycling & Materials Management prior to the meeting date nbates@tompkins-co.org or (607) 273-6632. Any questions resulting from the site visit and meeting shall be submitted in accordance with the procedures outlined in the General Instructions.

SPECIFICATIONS:

The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of proposals.

SUBMISSION of PROPOSALS:

1. Bids and any other required documents shall be submitted online through the Tompkins County website at:

https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division and selecting and selecting ‘Open Solicitations’. This will take you to Bidnet Direct where the RFP information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500 for further instructions.

2. Please add purchase@tompkins-co.org to your email address book to ensure timely notifications regarding the project(s) you have requested.

3. Bids shall be uploaded and responded to no later than the date and time indicated in the Project Identification section above.

4. Tompkins County reserves the right to reject any or all proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional proposals.

*NOTE: If you experience difficulty submitting your bid, contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500. If you do not receive a response from the Purchasing

Division, you may contact the Finance Team (607) 274-5544.

mailto:ldriley@tompkins-co.org https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division mailto:purchase@tompkins-co.org mailto:purchase@tompkins-co.org

BACKGROUND

The Caswell Road Landfill is located in the Town of Dryden. The landfill’s leachate collection system conveys leachate via gravity to two 8,000-gallon underground FRP storage tanks located on the western side of the landfill, east of Caswell Road. The leachate tanks were originally installed in 1988 during the closure of the landfill. The most recent upgrades to the existing valve pit and associated fill piping were completed in 2003 to replace the existing valves and piping with larger diameter PVC piping. A third-party hauler pumps out the tanks as needed via a gasoline fueled transfer pump. On average, from July 1 to August 31, the third-party hauler picks up and delivers less than 2 loads (8,000 gals/load) of leachate per week per site to an approved disposal facility. The tank levels are determined manually using a level rod as there is currently no tank level monitoring equipment.

The Caswell Road closed landfill site is currently used by the County Highway department as a satellite gravel and equipment storage location. This activity should have no significant impact on the Project.

The closed Tompkins County Sanitary Landfill No.1 (Hillview Road Landfill) is located on Hillview Road, in both the Town of Danby, Tompkins County, and Town of Spencer, Tioga County. The landfill was in continuous operation starting around 1970 for disposal of municipal solid waste. Originally the “Landstrom Landfill,”

Tompkins County took ownership of the 128-acre site in 1986 and operated the facility until all site closure activities were formerly completed in 1992. At this time, two 30,000-gallon stainless steel gravity-fed leachate tanks were installed on the northern edge of the landfill. A third-party hauler pumps out the tanks as needed via a gasoline fueled transfer pump. On average, from July 1 to August 31, the third-party hauler picks up and delivers 1 load of leachate per week (8,000 gal/load) to an approved disposal facility. The tank levels are determined manually using a level rod as there is currently no tank level monitoring equipment.

PURPOSE OF REQUEST

TCRMM is soliciting bids for work at two locations. At the Caswell site work includes cleaning of leachate conveyance piping, cleaning and refurbishment of two underground tanks, inspection of leachate conveyance lines, replacement of three control valves, tightness testing of said tanks, and the installation of remote level monitoring equipment. At the Hillview site work includes cleaning of leachate conveyance piping, cleaning and refurbishment of two underground tanks, inspection of leachate conveyance lines, tightness testing of said tanks, and installation of remote level monitoring equipment.

PROJECT MANAGEMENT

The Tompkins County Department of Recycling & Materials Management will be the administrative agency for

2026 Closed Landfill Leachate Systems Improvements. As such, management of and contract administration will be overseen by the Department, and staff will be directly involved in all stages of the project. The Department’s consulting engineer, Barton & Loguidice, will provide construction administration and observation in coordination with the Department.

GENERAL REQUIREMENTS

The Tompkins County Department of Recycling & Materials Management is seeking bids from qualified contractors to provide the following:

• Cleaning of all leachate conveyance piping and associated infrastructure at the Closed Caswell Landfill as shown in the attached as-built drawings dated September 2003 (Attachment 1a).

o Any waste generated as part of this scope of work shall be disposed of at an authorized off-site disposal facility.

• Cleaning of all leachate conveyance piping and associated infrastructure at the Closed Hillview Landfill as shown in the attached as-built drawings dated January 1987 (Attachment 1b).

o Any waste generated as part of this scope of work shall be disposed of at an authorized off-site disposal facility.

• Cleaning and refurbishment of the two (2) eight-thousand-gallon (8,000-gal) fiberglass underground leachate tanks to remove sediment and sludge at the Closed Caswell Landfill.

o The Contractor is responsible for providing a temporary piping plan to manage leachate from the existing leachate conveyance structures during cleaning and testing activities, at a minimum of 10 business days before the start of work.

o Contractor is responsible for managing leachate levels in the leachate tanks and transporting leachate offsite to an approved disposal facility in a timely manner. Manually measured leachate level shall be reported to the Owner daily.

o All temporary leachate operations shall be handled in accordance with Part 363-6.11 and meet dual containment and spill prevention regulations.

o Any waste generated as a part of this scope of work shall be disposed of at an authorized off-site disposal facility.

• Cleaning and refurbishment of the two (2) thirty-thousand-gallon (30,000-gal) steel underground leachate tanks to remove sediment and sludge at the Closed Hillview Landfill. The connective piping between the two tanks shall be cleaned and repaired.

o The Contractor is responsible for providing a temporary piping plan to transfer leachate from the existing leachate conveyance structure to the frac tank during cleaning and testing activities.

o Contractor is responsible for managing leachate levels in the leachate tanks and transporting leachate offsite to an approved disposal facility in a timely manner. Manually measured leachate level shall be reported to the Owner daily.

o All temporary leachate operations shall be handled in accordance with Part 363-6.11 and meet dual containment and spill prevention regulations.

o Any waste generated as a part of this scope of work shall be disposed of at an authorized off-site disposal facility.

• Camera inspection of all leachate conveyance lines at the Closed Caswell and Hillview Landfills. Contractor shall provide all camera inspection videos to the Owner. Owner and Engineer shall then make a recommendation to replace or repair any of the leachate collection or conveyance piping as described in the

Additive Bid Items based on the inspection work.

o All waste and debris generated as part of leachate collection and conveyance piping repairs and replacements shall be disposed of at an authorized off-site location.

o Soil capping components may be reused where applicable as part of disturbance-activities restoration of collection and conveyance piping system repairs as long as materials are separated from any waste materials.

o Collection and conveyance pipe trenches shall be backfilled in accordance with the as-built drawings and

Contract drawings in Attachment 2.

• Electrical Upgrades to the Caswell and Hillview Landfills as shown in Attachment 2.

o Caswell Landfill Work

▪ The Contractor is responsible for providing new level sensors for the leachate tanks on the site. The

Contractor shall provide all equipment, conductors, and conduit as required.

▪ The Contractor is responsible providing a new wireless telemetry panel to communicate the leachate tank level to the Owner via cellular network.

o Hillview Landfill Work

▪ The Contractor is responsible for decommissioning and removal of the existing electrical infrastructure at the leachate tanks including, but not limited to the existing panelboard, utility meter, control panel, wireways, auto dialer, conductors, and conduit.

▪ The Contractor is responsible for providing new level sensors for the leachate tanks on the site. The

Contractor shall provide all equipment, conductors, and conduit as required.

▪ The Contractor is responsible providing a new wireless telemetry panel to communicate the leachate tank level to the Owner via cellular network.

▪ The Contractor shall provide underground conduit from the existing utility pole to a location that will be utilized by a future backboard.

• Replacement of three (3) knife gate control valves as shown on Sheet C-502 (Attachment 2) at the Closed

Caswell Landfill.

• Tightness testing conducted for both (2) 8,000-gal fiberglass underground leachate tanks at the Closed Caswell

Landfill in accordance with Fiberglass Storage Tank Installation Instructions & Operating Guidelines by

Containment Solutions issued 2015, or approved equal methodology, and in accordance with the tank manufacturer specific approved testing requirements.

o Contractor shall submit proposed Tank Tightness Plan and Methodology for review by the Engineer.

o Tank Tightness Testing protocol shall evaluate and verify the integrity of the primary and secondary walls.

o Contractor responsible for managing leachate generated within the landfill during tightness testing activities. Leachate shall not be stored within the conveyance system. Contractor’s temporary piping plan shall provide a plan for leachate management.

• Tightness testing conducted for both (2) 30,000-gal steel underground leachate tanks at the Closed Hillview

Landfill in accordance with Petroleum Equipment Institute (PEI) Recommended Practices for the Testing and

Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, or approved equal methodology, and in accordance with the tank manufacturer specific approved testing requirements.

o Contractor shall submit proposed Tank Tightness Plan and Methodology for review by the Engineer.

o Tank Tightness Testing protocol shall evaluate and verify the integrity of the primary and secondary walls.

o Contractor’s proposed method shall be monitored for a minimum of 2 hours.

o Contractor responsible for managing leachate generated within the landfill during tightness testing activities. Leachate shall not be stored within the conveyance system. Contractor’s temporary piping plan shall provide a plan for leachate management.

• Contractor to purchase and install remote monitoring equipment as specified and attached in Attachment 3 in accordance with drawings in Attachment 2.

o Debris removal from all cleaning activities shall be transported to an off-site permitted disposal facility.

• All temporary leachate infrastructure shall be dual contained in accordance with Part 363-6.11 and spill prevention regulations.

LOCATION OF THE WORK

The work will be conducted at two locations: the Tompkins County Caswell Road closed landfill, located at 557

Caswell Road, Freeville, NY AND the Tompkins County Hillview Road closed landfill, located near 225 Hillview

Road, Danby, NY.

OBLIGATION OF BIDDERS

At the time of the opening of the Bids, each Bidder will be presumed to have inspected the Site, to have informed itself fully of the conditions relating to the work and labor required for the work, and to have read and acquainted itself will all the Contract Documents. Failure to do so will not relieve the Bidder who is awarded the Contract of the obligation to complete the work for the price or prices bid, or of any other obligation under the Contract. The failure or omission of any Bidder to receive or examine any Contract Documents shall in no way relieve them from any obligation in respect to the Bid.

SPECIFIC REQUIREMENTS

The selected Contractor will coordinate all work under this contract with Tompkins County Department of

Recycling & Materials Management administration and shall not impact normal operations, to the extent possible, of the Highway Department staff.

Contracted work must be completed by August 31, 2026 to allow for annual environmental monitoring.

The Contractor shall be responsible for closing the site entry gates at the end of daily activities. The Contractor will be issued a gate key for the duration of the project, to be returned upon completion.

The contractor will be required to submit a work phasing plan as part of the pre-construction meeting that will detail the plan of work, and any required area closures. The phasing plan will be reviewed by the County and operator, and the contractor shall modify the plan as required to accommodate facility operations. Phasing requirements for specific trades are indicated on the plans.

Areas within the facility for equipment storage, contractor vehicle parking and laydown will be identified during the pre-construction meeting prior to commencement of the work.

A performance bond equal to 100% of the Contract value is required for this project.

Technical Specifications as provided in Attachment 4, are incorporated and made part of the Contract Documents.

SUBMISSION REQUIREMENTS:

1. Successful bidder shall submit their references for landfill related projects with the Proposal.

2. Successful bidder shall submit a listing disclosing all subcontractors supplying services for this contract with their qualifications.

3. Successful bidder and their employees shall conduct themselves in a manner that is consistent with the professional nature of the work.

4. The successful bidder shall agree to perform the services as described in the Contract Documents.

5. The bid form includes a lump sum base bid as referenced in the provided bid form.

PROPOSAL EVALUATION

To be reviewed, a proposal must be complete, the provided bid form completed, and must comply with all requirements of this RFP.

Contract will be awarded to the lowest qualified proposer, based on the total cost of the work provided (lump sum base bid) on the Bid Form (provided in the RFP).

TIMELINE

Action Item

Date

RFP Issue

March 25, 2026

Pre-bid Meeting

April 1, 2026, 10 AM ET (557 Caswell Road, Freeville, NY – details found in Note in Project Identification

Section, page 1.)

Deadline for Questions April 15, 2026, 5 PM ET

Completed Proposal Due

April 22, 2026, 2 PM ET

**Award Notification (anticipated)

June 2, 2026

**Program Start-Up and Contract Dates

July 1, 2026

SUBMISSION DEADLINE:

The deadline for submission of proposals is April 22, 2026 @ 2 PM ET.

SPECIFICATION CLARIFICATION:

Clarification to the specifications must be submitted, via Bidnet Direct, no later than seven (7) days prior to the bid/RFP due date before 5 PM ET on April 15, 2026. Answers to questions will be posted on Bidnet Direct as they are available.

DISQUALIFICATION:

1. The County reserves the right to refuse to issue a Contract to a prospective vendor should such vendor be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification regulations of the County, if such regulations were cited, or otherwise included in the specifications as a requirement for responding.

(b) Contractor’s default under previous contracts with the County.

(c) Contractor’s unsatisfactory work on previous contracts with the County.

2. Responses received from Contractors who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A response may be rejected if the Contractor cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or time specified. A response may be rejected if the Contractor is already obligated for the performance of other work which would delay the commencement, performance or completion of the work if the Contractor is not able to demonstrate the ability to fulfill the requirements of the proposal in a manner agreed upon by the County and the Contractor.

3. Tompkins County reserves the right to reject any proposal if the information submitted by, or investigation of, such Contractor fails to satisfy the County that such Contractor is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

4. Proposals will be considered irregular and shall be subject to rejection for the following reasons:

(a) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous.

The County reserves the right to award the Contract to the Respondent who submits the proposal that proves to be in the best interest of the County. The County has the sole discretion and reserves the right to cancel this request, reject any/all responses, award in part or in whole, to waive any/all informalities and/or irregularities if it is deemed to be in the best interest of the County to do so. A notice of Contract award shall not be binding upon the

County until the Contract has been fully executed by both parties.

Contract Extension:

The County agrees, under the General Municipal Law of New York State to allow all authorized users who wish to utilize any Contract awarded as a result of this solicitation to do so. However, it is understood that the extension of such Contract is at the discretion of the Respondent and the Respondent is only bound to the Contract between itself and the County.

Term of Contract:

Contract period shall be from July 1, 2026 to August 31, 2026.

Contract Award:

The Contract award, if any, will be made by Tuesday, June 2, 2026. The Contract shall be awarded to the

Respondent(s) who submits the proposal that proves to be in the best interest of the County.

The resulting Contract will incorporate Tompkins County Contract Terms and Conditions, this RFP, any addendum, and Bidder’s response thereto, all additional agreements and stipulations, and the results of any final negotiations will constitute the final Contract. The terms and conditions as contained in the Contract for services shall take precedence over any conflicting terms.

Payment Terms:

Payment terms are outlined in the Measurement and Payment attachment. Interest penalties to the County will not be allowed. Tompkins County is not subject to federal, state, or local taxes.

Non-Appropriation Clause:

In accordance with New York State General Municipal Law, the County will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the Respondent agrees to hold the

County harmless for any contracts let for which funding either does not currently exist, or for which funding has been removed prior to the authorization to proceed. Should it become necessary for the County to cancel a project after the order to proceed has been issued, the County will only be liable for, and the Respondent agrees, to only assess those financial damages that it can prove to have incurred as a result of the Contract termination.

Indemnification, Hold Harmless, and Insurance:

• The successful bidder shall release, waive, indemnify, hold harmless, and defend the County and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the County and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of the Agreement entered as a result of this solicitation by the successful bidder, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the County. The indemnification will survive the term of such Agreement whether it is terminated or expired. The successful bidder shall maintain the minimum limits of insurance as outlined by such Agreement in Attachment B or as required by law, whichever is greater.

• The successful Bidder will be required to procure and maintain, at its own expense, the minimum limits of insurance as described in the County’s standard insurance requirements or as required by law, whichever is greater.

• No work shall be commenced under the Contract until the successful Bidder has delivered to the County proof of issuance of all policies of insurance required by the Contract. If at any time, any of said policies shall expire or become unsatisfactory to the County, the successful Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the County for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the Contract may, at the election of the County, be forthwith declared suspended, discontinued or terminated. Failure of the successful Bidder to procure and maintain any required insurance, shall not relieve the successful Bidder from any liability under the Contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

Training:

If required, training shall take place during regular business hours. Training shall be provided until all County personnel involved in the Contract are adequately trained.

MWBE:

Tompkins County is committed to inclusion in our procurement processes and to support underrepresented businesses. MBEs, WBEs, and other Disadvantaged Business Enterprises (DBE’s) are encouraged to complete the

Business Demographic Survey (Attachment D).

Workforce Diversity and Inclusion:

Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining:

A. An organization-wide understanding and acceptance of the purpose and reasons for diversity;

B. Recruitment and retention policies that promote and sustain a diverse workforce;

C. A workplace environment that is welcoming and supportive of all;

D. Awareness, understanding and education regarding diversity issues;

E. Zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group;

F. A workforce ethic that embraces diversity and makes it the norm for all interactions, including delivery of services to the public. All Respondents must comply with the Workforce Diversity and Inclusion terms and conditions as well as sign an Anti-discrimination certificate. Respondents are encouraged to include an outline of their diversity policy in their proposal response.

Contract Re-Assignment:

The Respondent shall not re-assign any portion of any contract that results from this solicitation without the express written consent of the County.

Governing Law:

Any resulting Agreement and any controversies arising thereunder, shall be interpreted, governed, and construed under the laws of the State of New York. The Bidder consents to the exclusive jurisdiction of, and venue in, the

State Courts within Tompkins County, New York or the United States District Court for the Northern District of

New York if Federal jurisdiction is sought. Any such Agreement is binding on all successors, heirs, executors, administrators, representatives, and assigns of all the Bidder/Contractor.

The successful bidder is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this solicitation.

Interpretation:

In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFP, and/or, the Agreement (between the County and the successful Proposer) and its incorporated documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: 1) the Agreement; 2) the RFP; 3) the Contractor’s proposal.

Remedy for Breach:

In the event of a breach by Contractor, Contractor shall pay to the County within ninety (90) days all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the County to procure a substitute Contractor to satisfactorily complete the contract work, together with the County’s own costs incurred in procuring a substitute Contractor. All legal and equitable claims against the County of Tompkins shall be brought in the Supreme Court of Tompkins County or the United States District Court for the Northern District of

New York if federal jurisdiction is sought.

Conflict of Interest:

No officer or employee of the County shall participate in any decision relating to the Contract which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly or indirectly interested.

New York State Sexual Harassment Legislation:

By submitting a response to this solicitation, the Bidder hereby represents that it complies with all federal and New

York state laws and regulations prohibiting sexual harassment in the workplace including, without limitation, that said Bidder has implemented a written policy compliant with New York laws and regulations addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees.

Living Wage:

Tompkins County must consider the wage levels and benefits, particularly health care, provided by Contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable.

If Contractor certifies on Tompkins County Livable Wage attestation that its employees directly providing services outlined in the Contract are NOT paid a living wage, the department contract representative may have a conversation with the Contractor to understand the cost implications of achieving the living wage threshold, whether there are structural barriers impacting the ability to pay the living wage, plans to improve wages over time, generous fringe benefits, or other considerations that should be applied when addressing the question of whether it is practical or reasonable to meet the living wage threshold including the cost required to bring the Contract to the living wage threshold.

Regulatory Compliance:

The Respondent agrees to comply with all federal, state, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Respondent under this

Contract, the Respondent agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the federal funds were authorized.

Further, Respondent agrees to comply with the County’s Compliance Plan regarding federal and state fraud and abuse laws; the Compliance Plan can be reviewed here, or a copy can be obtained from Tompkins County

Administration, 125 East Court Street, Ithaca, NY 14850.

In the event that New York State Labor Law Articles 8 and/or 9 are applicable under the agreement and/or scopes of work, the statute requires that contractors and subcontractors pay the prevailing rate of wage and supplements

(fringe benefits) to all workers under a public work contract and follow other requirements. Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by the

New York Department of Labor for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. Every contractor and subcontractor must keep and provide certified original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. These must be made available to the County at its request. Payrolls must be maintained for at least three (3) years from the projects date of completion. Additionally, as per Article 6 of the Labor Law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemporaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name; Address, Last 4 Digits of Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification. Payroll records and transcripts are required to be kept on site during all the time that work under that contract is being performed.

Respondents that are providers of healthcare services must certify that the Respondent, and all employees, directors, officers, and subcontractors of the Respondent, are not “excluded individuals or entities” under federal and/or New York state statues, rules, and regulations.

The Respondent shall promptly notify the County if any employee, director, officer of subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this Contract, at no penalty to the County, if any employee, director, officer, or subcontractor is on or has been added to the exclusion list.

By submitting a response to an RFP, you are attesting to the fact that you and/or the provider, which you represent, have not been sanctioned nor excluded by any of the aforementioned entities.

https://www.tompkinscountyny.gov/files/assets/county/v/1/administration/documents/county-compliance-program/2019_compliance-program-document_final-posted.pdf

Attachment A

CERTIFICATION

Bidders must certify that they will comply with the following requirements if funding is awarded as a result of this

RFP. All awardees of funds shall:

1. Sign an Anti-discrimination Clause and comply with all Equal Opportunity Laws, including the Americans with

Disabilities Act of 1990;

2. Sign a "Certification Regarding Debarment, Suspension, and Other Responsibility Matters," indicating that they have not been debarred or suspended from participating in federal programs because of crimes, fraud, or other serious violations of federal laws and regulations;

3. Sign a certification regarding lobbying, indicating that no federal funds will be used to attempt to influence any federal officer, employee, or elected official;

4. Sign a certification that they provide a drug-free workplace and have a written drug-free workplace policy;

5. Sign a certification that they have and have implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees;

6. Agree to provide training without any duplication of costs;

7. Provide a copy of their most recent financial audit before Contract execution;

8. Agree to allow on-site inspections and audits of any records related to their programs.

I certify that (name of bidder organization) will comply with the above requirements.

Name

Title

Signature and Date

Tompkins County

Request for Proposal – Submission Instructions

Respondents shall submit their proposal response per the instructions below. Respondents who do not follow these guidelines may have their proposals rejected as incomplete or non-responsive.

• Respondents shall read all documents contained in this specification package and complete all sections and attachments. Failure to do so does not excuse respondent from abiding by all instructions, terms or conditions.

• Responses shall be submitted to the location and in the format indicated in the specifications no later than the date and time indicated.

• Respondents must submit their questions regarding any portion of the specifications by posting them on the

Q&A tab found in the solicitation by the date provided. Answers will be provided no later than five (5) days prior to the Proposal due date.

• The County reserves the right to amend the specifications prior to the due date by written “Addenda”. It is the

Respondent’s responsibility to ascertain whether any Addenda have been issued prior to submitting their proposal.

• Bids and any other required documents shall be submitted online through the Tompkins County website at:

https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division and selecting

‘Open Solicitations’.

• Respondents shall submit all forms that require signatures with their proposal response.

• All responses submitted become the property of the County and are subject to the County’s Policy on Public

Access to Records.

• This invitation to respond does not commit the County to award a Contract, nor shall the County be responsible for any cost or expense that may be incurred by the Respondent in preparing and submitting their response or any cost incurred prior to the execution of a Contract.

• The County reserves the right to cancel the Contract without cause with a minimum of thirty (30) days written notice. Termination or cancellation of the Contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Respondent prior to the termination of the Contract.

Submission of Proposals:

1. Responses to this RFP and any other required documents shall be submitted through the Tompkins County website at: https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division (see instructions below).

2. Responses must be uploaded and responded to no later than the date and time indicated.

3. Tompkins County reserves the right to reject any or all bids/proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids/proposals to make the award in a manner deemed to be in the best interest of the County, and to correct any award erroneously made as the result of a clerical error on the part of the County.

https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division

Online Bid Submission Instructions:

Bids and any other required documents shall be submitted online through the Tompkins County website at:

https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division and selecting

‘Open Solicitations’. This will take you to Bidnet Direct where the RFP information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500 for further instructions.

COUNTY OF TOMPKINS

GENERAL CONDITIONS

AFFIDAVIT OF NON-COLLUSION

NAME OF RESPONDER: PHONE NO.:

BUSINESS ADDRESS: EMAIL:

I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of the proposal, or if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on their behalf and on behalf of my company.

I further attest that:

1. The prices in this bid/proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition with any other Contractor, Responder or potential Bidder; and

2. Neither the price(s), nor the amount of this bid/proposal, have been disclosed to any other firm or person who is a Responder or potential Responder on this project, and will not be so disclosed prior to bid/proposal opening;

and

3. No attempt has been made or will be made to solicit, cause, or induce any company or person to refrain from responding to this RFP, or to submit a bid/proposal higher than the proposal of this company, or any intentionally high or non-competitive bid/proposal or other complementary proposal; and

4. The bid/proposal of my company is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary proposal; and

5. My company has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other company or person, offeror, promised or paid cash of anything of any value to any company or person, whether in connection with this or any other project, in consideration for an agreement or promise by a company or person to refrain from responding to this RFP or to submit a complementary bid/proposal on this project; and

6. My company has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any company or person, and has not been promised or paid cash or anything of value by and company or person, whether in connection with this or any project, in consideration for my company submitting a complementary bid/proposal or agreeing to do so on this project; and have made a diligent inquiry of all members, officers, employees, and agents of my company with responsibilities relating to the preparation, approval or submission of my company’s proposal on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion act or other conduct inconsistent with any statements and representations made in this affidavit.

7. By submission of this proposal, I certify that I have read, am familiar with, and will comply with any and all segments of these specifications.

The person signing this proposal, under the penalties of perjury, affirms the truth thereof.

Signature & Company Position:

Print Name & Company Position:

Company Name:

Date Signed:

ANTI-DISCRIMINATION CLAUSE

During the performance of this Contract, (the Contractor) hereby agrees as follows:

• The Contractor will not discriminate against any employee or applicant for employment for any of the following: race, creed, color, ethnicity, military service, marital status, disability, sexual preference, perceived gender, national origin, or status as an ex-offender, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference, but not be limited, to recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

• The Contractor will send to each labor union or representative of workers with which they have or are bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commissioner for Human Rights, advising such labor union or representative of the Contractor’s agreement under clauses (a) through (f) hereinafter called “non-discrimination clauses”. If the Contractor was directed to do so by the contracting agency as part of the bid or negotiation of this Contract, the Contractor shall request such labor union or representative to furnish them with as written statement that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the Contractor shall promptly notify the

State Commission for Human Rights of such failure or refusal.

• The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commission for Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State’s and local Tompkins County Laws against discrimination as the State Commission for Human Rights shall determine.

• The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color or national origin.

• The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights

Law, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to their books, records and accounts by the State Commission for Human Rights, the Attorney General and the

Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

ANTI-DISCRIMINATION CLAUSE continued…

• This Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the

State, until they satisfy the State Commission for Human Rights that they have established and are carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the

Commission, notice thereof has been given to the Contractor and opportunity has been afforded them to be heard publicly before three members of the Commission. Such sanctions may be imposed, and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. The Contractor will include the provisions of clauses (a) through (f) in every subcontract or purchase order in such a manner that such provisions be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting them to intervene and protect the interests of the State of

New York.

GENERAL CONDITIONS ACCEPTED BY:

Firm:________________________________

By:__________________________________

Date:________________________________

Title:________________________________

COUNTY OF TOMPKINS

GENERAL CONDITIONS

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW §139—l

In accordance with State Finance Law §139-l, which generally prohibits the County from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York

Labor Law §201-g, the Bidder submits the following certification under the penalty of perjury:

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 the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall meet or exceed the requirements of

Section 201-g of the Labor Law.

______________County, New York

Dated: _____________, 20______

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Sworn to before me this

________ day of ____________, Attachment A - Tompkins County Livable Wage Policy and Attestation

Livable Wage Policy: By policy, Tompkins County must “consider the wage levels and benefits, particularly health care, provided by Contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable.”

Paying the living wage rate to all employees directly involved in providing the contracted County service is not mandatory but highly encouraged. However, the attainment of a broadly applied living wage is a County goal and is therefore an important consideration applied by the County when reviewing contract proposals.

Current Living Wage: The Living Wage in Tompkins County was computed by the Ithaca and Buffalo Co-Labs of Cornell’s School of Industrial and Labor Relations. Living wage is currently $24.82/hour for a single person without children. While the calculation is for a single person without children, there is an alternate online calculator from MIT that does provide local living wage figures for different family configurations in Tompkins County at https://livingwage.mit.edu/counties/36109. The rate will be re-evaluated again in 2027.

Requirement of All Contractors: As a part of its proposal or contract representations, a prospective service

Contractor must advise the County whether it will pay the living wage rate to all Covered Employees directly involved in the provision of the contracted service, including employees of any subcontractor engaged to assist in providing the service.

Additionally, Contractors are asked to estimate the number of employees who will be directly involved in the provision of the contracted service. If not, all employees are going to be paid the Living Wage, Contractors are asked to estimate how many full-time, and how many part-time, covered employees will NOT be paid the living wage.

Covered Employees include all full- and part-time employees, other than those Excluded Employees described below, who are directly involved in the provision of the contracted service, including employees of sub-contractors engaged to assist in providing the service.

Excluded Employees are:

• Employees under the age of 18

• Seasonal or temporary employees (90 days or less)

• Employees in a probationary status (90 days or less)

• Those employed in a sheltered or supported work environment

• Employees participating in a limited-duration (90 day) job training program

• Employees participating in an academic work-study or academic internship program

• Volunteers

• Employees participating in mandated welfare-to-work programs

• Employees paid pursuant to a collective bargaining agreement

Attachment A - Tompkins County Livable Wage Policy and Attestation - Continued

Contractor’s Living Wage Representation

1. Approximately how many Covered Employees, including employees of any subcontractor involved in providing the service, will be involved in the provision of the contracted service?_____________

2. Will all Covered Employees, including employees of any subcontractors directly involved in the provision of County services, be paid at least the living wage?

Yes No

3. If the answer is “No”, approximately how many covered employees will NOT be paid at the living wage?

Full-time__________ Part-time_____________

Contractor Name:____________________________________________________________________

If you answered “Yes” to the Living Wage Representation and are…