COUNTY OF CAYUGA

INVITATION TO BID

For

CAYUGA COUNTY

Installation of Ground-Mounted Solar PV Array

ITB 2026-20

Issue Date:

July 20, 2026

Site walk:

July 29, 2026 @ 10:00 AM

Question Due Date:

July 30, 2026 @ 5:00 PM

Due Date:

August 5, 2026 @ 10:00 AM

Respond to:

Cayuga County Purchasing Department 2 State Street, 3rd Floor

Auburn, NY 13021

Attention:

Amanda O’Grady

Director of Purchasing

AUBURN, NEW YORK

Invitation to Bid

Sealed bids, plainly marked, can be mailed to:

Cayuga County Purchasing Department

2 State St, 3rd Floor Auburn, NY 13021

Attention:

Amanda O’Grady

Director of Purchasing

All bids must be submitted in physical printed paper form. Email submissions will not be accepted and will disqualify the bidder, even if a physical copy is also received.

Due on or before August 5, 2026 @ 10:00 AM, at which time bids will be opened for:

INSTALLATION OF GROUND-MOUNTED SOLAR PV ARRAY

THE BID OPENING IS PUBLIC AND WILL TAKE PLACE AT:

CAYUGA COUNTY CHAMBER OF COMMERCE

2 STATE STREET

1ST FLOOR CONFERENCE ROOM

AUBURN, NY 13021

You may obtain specifications and/or RSVP by calling 315-294-8086 or emailing aogrady@cayugacounty.gov mailto:aogrady@cayugacounty.gov

BID DOCUMENT CHECKLIST SIGNATURE PAGE

Items required (X) Items submitted with bid

A. FAILURE TO SUBMIT ANY OF THESE DOCUMENTS MAY BE CAUSE FOR

REJECTION OF BID.

Bid guarantee (bid bond or certified/cashier's check) Certificate from a surety company (Insurance requirement) Certificate from the NYS DOL List of designated subcontractors and their Certificate from the NYS DOL Acknowledgment of receipt of addenda or revisions (if issued) Affirmative Action questionnaire Fee proposal Product samples References Certified financial statement Certification of available equipment Bid Document Checklist Signature Page Other: Technical Specifications and Descriptive Literature Certificate of Non-Collusion (notarized) Statement of Understanding Procurement Lobbyist restrictions Vendor Responsibility Form Iran Divestment Act Compliance W-9 Cayuga County New Vendor Request Form MWBE Utilization Form Two (2) printed hard copies and one (1) electronic copy on a USB drive of Bid Proposal are Required

*DO NOT EMAIL THE ELECTRONIC COPY OF YOUR BID PROPOSAL OR IT IS REJECTED*

THE UNDERSIGNED BIDDER HEREWITH SUBMITS THE ABOVE REQUIRED

DOCUMENTS.

PRINT NAME OF BIDDER: ______________________________________

SIGNED BY: ______________________________________

PRINT NAME AND TITLE: _______________________________________

DATE: _______________________________________

MUST RETURN WITH BID

BID SPECIFICATIONS

I. Introduction Cayuga County (hereby referred to as “the County”) is soliciting proposals from qualified solar PV providers to design, engineer, build, and commission a turn-key installation of a minimum 16.96 kW DC ground-mounted solar photovoltaic (PV) project at the site addresses below. Respondents shall have demonstrated experience in designing, planning, scheduling, permitting, and constructing complete solar PV systems, have knowledge of local utilities; provide project financial analysis, including production estimates, cost savings projections, and incentive assumptions; provide rebate support; and provide system monitoring capabilities and training.

II. Project Background The County proudly serves 74,365 residents and is governed by the Cayuga County Legislature. In 2024, Cayuga County was awarded funds through the New York State Energy Research & Development Authority (NYSERDA) Clean Energy Community Grant Program to implement eligible projects associated with clean energy and conservation initiatives. Through this project, the County seeks to continue to make progress towards achieving its renewable energy goals through this program. Cayuga County is seeking a qualified solar installer participating in the NY-SUN Program to install a solar array at a county-owned site.

III. Project Description The County is soliciting proposals from qualified solar providers to design, engineer, and build a turn-key installation of a minimum 16.96 kW DC ground-mounted solar PV project at the below listed site address.

Site Details Solar PV Details

Name Address Estimated PV Size

Ward O’Hara Agricultural Museum

Solar

6880 NY-38A,

Auburn, NY 13021 kW-DC kWh/year

16.96 19,500

Project Cost: The County is utilizing grant funding to execute this project. The County is seeking an itemized cost proposal and financial analysis, including estimated annual production (kWh), projected cost savings, and incentive assumptions. The total project cost, inclusive of all labor, materials, equipment, and construction services shall not exceed $76,415.00 (gross cost prior to incentives). After application of all eligible incentives, the net project cost shall not exceed $72,175.00.

System Ownership, Operation, & Maintenance: Cayuga County shall retain sole ownership of the solar PV system and be responsible for its ongoing operation and maintenance following commissioning, in accordance with grant requirements.

IV. Scope of Services The goal of this bid is to identify a solar installer with the necessary experience to ensure a fully managed and well-executed project. The successful respondent will demonstrate experience in the design, planning, scheduling, permitting, construction, interconnection of solar PV systems, and maintain established on-site safety standards. The successful respondent will be responsible for securing all required permits and licenses, and all associated costs shall be included in the proposal. The successful respondent will be familiar with all applicable utility regulations and shall be responsible for all utility coordination, applications, and approvals required for system interconnection, as well as ensuring compliance with all requirements outlined by NYSERDA in the County’s grant contract. The County reserves the right to modify the scope of the project as necessary, with any changes subject to mutual agreement. The successful respondent will provide all materials, engineering and submittals, permitting and inspections, monitoring software, system controls, programming, installation, wiring, system commissioning, start-up, testing, and owner training necessary to deliver a fully operational, turnkey system. This includes the provision and installation of all required electrical interconnection components, including, at a minimum, transformer upgrades, consumption CTs, and a cellular modem for system monitoring, as well as provision of fencing around the solar array. The successful respondent will be responsible for all site restoration and repair of any damage resulting from construction activities. The system shall include a monitoring platform with remote access for the County, providing real-time and historical production and consumption data. All monitoring data shall be accessible to and retained by the County. The monitoring system shall remain operational and accessible to the County independent of the contractor following project completion. The solar PV system shall be designed for continuous operation with a minimum expected service life of 25 years. The successful respondent will provide a single point of contact for all project coordination.

A. Schedule & Deliverables The project shall be implemented in two (2) phases: the planning phase and the project completion phase.

Planning (Phase 1) Deliverables:

• Preliminary design or layout

• Production estimate

• NY-Sun Application Number (must be in ‘submitted’ status)

• PV System Proposal Project Completion (Phase 2) Deliverables:

• Installed PV System

• Commissioning report and as-built drawings

• Additional utility grant or incentive information The project shall be completed no later than May 1st, 2027.

B. VI. Design Guidelines The proposer shall include design documents for all elements of the project, including, but not limited to structural, architectural, mechanical, and electrical. Proposers shall consider the following guidelines when designing the solar PV system:

• The proposer should develop a design for a new PV system that maximizes cost savings. It is the responsibility of the proposer to assess site topography and geotechnical attributes to estimate costs related to project installation. The proposer is responsible for costs of securing the environmental permits necessary to install a ground-mounted system.

• Mounting systems should be either directly anchored into the ground (driven piers, concrete footers, ground screws, etc.) or ballasted on the surface without ground penetration. Mounting system design must meet all applicable local building code requirements with respect to snow, wind, and earthquake loading factors.

• Mounting system can either be fixed-tilt or single-axis tracker.

• Panels’ tilt angle shall be based on site latitude with wind loading factors.

• The design shall address stormwater management and erosion control in accordance with applicable regulations.

C. VII. Final Design Package The successful respondent and the County will negotiate to develop the contents of the final design package. The County’s requested sections are included below.

• Solar PV Description: A summary of the solar PV system type, size, and annual production.

• Schedule: The equipment procurement and solar PV installation schedule.

• Design and Engineering Documents: The design documents for all elements of the project, stamped by an Engineer registered in the State of New York.

• Site Drawings: Layout drawing of installation site providing location of all equipment.

• Equipment Details and Specifications: A high-level summary listing all solar PV system equipment and their associated specification sheets.

• Incentives: The proposer shall be responsible for identifying, securing, and applying all available incentives, including at minimum, but not limited to NY-Sun incentives. The proposer shall complete and submit in a timely fashion all documentation required to qualify the system for available rebates and incentives. All renewable energy credits (RECs) are to be assigned to the County. The proposer must be a participating NY-Sun contractor and submit the NY-Sun Application and all required documentation, providing the County with the application number or any comparable documentation. The system shall achieve a Total Solar Resource Fraction (TSRF) of not less than 70, as per the approved shading report submitted with the NY-Sun Application.

• Electrical Interconnection: The Proposer shall supply and install all equipment required to interconnect the solar PV system to the utility’s distribution system. The proposer shall coordinate and secure utility interconnection approval to ensure all requirements will be met.

All costs associated with utility interconnection shall be the responsibility of the Proposer.

• Manuals: This includes equipment, installation, and operation/maintenance manuals for proper system monitoring over the life of the contract.

• Monitoring: A description of controls, monitors, and instrumentation to be used for the solar PV system, including data access, reporting capabilities, and alert functionality.

• Safety Plan: The Proposer’s plan to ensure safety for all personnel. The Proposer shall report accidents, claims, and other on-going safety related issues to the County in a manner consistent with County reporting systems.

• Quality Control Plan (QCP): At minimum, the QCP should conform to “IEC 62446 Grid- Connected PV Systems – Minimum Requirements for System Documentation, Commissioning Tests, and Inspections.”

• Construction Plan: This includes the appropriate documentation, plan, and timeline. All submittals, drawings, disruption plans, and contract documents shall be reviewed and approved in writing by the County Project Manager prior to submittal for design review/permits. The site, except for the solar PV system footprint, shall be returned to pre-construction condition as needed.

• Close Out Report: The Proposer shall report progress of project contract closeout to the County in a manner consistent with the County’s reporting requirements. At a minimum, this should include the following information: system nameplate size, overall installed system cost, and estimated and guaranteed annual kWh production (if applicable).

D. VIII. Code Specifications The installation, power generation, and transmission equipment shall comply with all applicable building, mechanical, fire, seismic, structural, and electrical codes. Only products that are listed, tested, identified, or labeled by Underwriters Laboratory (UL) or another nationally recognized testing laboratory shall be used as components in the project. Construction must comply with current applicable adopted local, state, federal, and international codes.

• Modules: System modules shall be certified to International Electrotechnical Commission

(IEC) 61215 or 61646 performance standards, Underwriter Laboratories (UL) 1703 fire code listed, and California Energy Commission (CEC) listed.

• Inverters: Shall be performance certified to IEC 62109, UL1741 listed and CEC-listed with an efficiency of 95% or higher

E. IX. Warranties The proposer must provide their standard system warranty coverage along with specific equipment warrant coverage for modules, inverter, and workmanship.

• Modules: 25-Year Power Output & 10-Year Workmanship Limited Warranty

• Inverter: 10-Year Limited Warranty.

• Workmanship: Minimum 5 Year Limited Warranty

F. X. Inspection & Commissioning To ensure compliance with all electrical codes, an inspection by a licensed electrical inspector is mandatory after construction is complete. Commissioning tests shall be included in the final inspection. The proposer shall provide a commissioning report documenting system performance at the time of acceptance. The Proposer’s independent commissioning agent shall ensure that:

• All equipment specifications match the proposed equipment specifications.

• The physical layout aligns with the as-built diagrams with variations to proposed system noted.

• The electrical system as laid out and connected aligns with the as built one-line diagrams including fuses, relays, and switches with variation to proposed system noted.

• Each array passes the open circuit voltage and current test.

• The manual disconnect switch operates correctly.

G. XI. Operation & System Maintenance The successful respondent shall supply the County with two copies of all Component Product Data and Component Operation and Maintenance manuals. The information shall be sufficient for the County to evaluate and ensure staff can appropriately complete operation and maintenance over the life of the system. Project as-builts that detail the location of all above and underground utilities and components shall be submitted within 30 days of system start up. Training for County personnel shall be provided at system commissioning.

V. Site Walk The pre-bid meeting and site walk are scheduled for July 29, 2026, 10 am at 6880 NY-38A, Auburn, NY 13021. It is estimated to take 1 hour. Attendance is strongly encouraged. Technical questions will be answered at this meeting. Please submit site walk attendee information via email to Amanda O’Grady, aogrady@cayugacounty.gov by July 28, 2026.

VI. Selection Criteria During the evaluation period, consultants who submit proposals in response to this ITB may be requested to present supplemental information based on the County’s and its review committee’s evaluation procedures. This supplemental information will be included as a formal part of the consultant(s)’s proposal. Cayuga County will review qualifications in accordance with the submission requirements and mailto:aogrady@cayugacounty.gov review/evaluation criteria. Proposals that are submitted timely and comply with the mandatory requirements of the ITB will be evaluated in accordance with the terms of the ITB. Cayuga County will begin reviews after the August 5, 2026, deadline date. The expected timeframe for review is within 30 days of receipt of proposals. The following criteria will be used in evaluating consultant responses:

Criteria Possible Points

Capability: Ability of the firm to perform all related services. 20 Cost: Demonstrate reasonable cost of services 20 Management and Availability: Ability to begin and complete activities by May 1, 2027. 20 Quality and completeness of the response. 15 Experience: The extent and quality of prior relevant experience. 15 Qualifications and References: Individual qualifications and list of proposed personnel for this project as presented by the firm. 10

Total Possible Points 100

VII. Notification of Award Evaluations will be performed within 30 days of their receipt. The selected firm will be notified upon a decision being approved by the Cayuga County Legislature. The County will notify the successful proposer by phone, followed by written confirmation. Each proposer whose proposal is not accepted will be notified in writing.

The County will authorize the award of a contract to the successful proposer based upon the evaluations and recommendations of the appropriate review committee. In the event that a contract cannot be finalized within sixty (60) days of the award, the County reserves the right to enter negotiations with the proposer which received the second highest evaluation.

VIII. Proposal Submission Requirements In addition to items listed on the Bid Document Checklist on page 3 of the ITB, the following are required components of all responses to this ITB. All respondents must provide the specific proposal exhibit materials outlined below. Present all materials in order, using the subsequent designations used herein. Number all sheets in sequence. Materials provided should be relevant and brief. Although Consultant selection will be qualifications-based, a Billing Rate Schedule must be submitted.

1. PRELIMINARY PAGES

A. COVER LETTER: Please describe your interest in this project and your understanding of the project scope of work. This letter should be signed by an individual who is authorized to execute binding legal documents on behalf of the Proposer.

B. TITLE PAGE: Project Name; Submitting Firm’s Name, Address and Phone Number, Fax Number, E-mail Address, Submittal Due Date.

C. TABLE OF CONTENTS

D. EXECUTIVE SUMMARY

2. FIRM QUALIFICATIONS AND PROJECT STAFFING

A. Team Information: Provide a detailed overview of your firm, the name and contact information for the lead Contractor and all sub-consultants if applicable and identify the Proposed Project Manager for the Project. Please provide a list of all team members who will work on this Project and describe their relevant experience and include a copy of each team member’s resume B. Relevant Projects: Provide a list of projects, locations and references for similar, public-sector projects that the Contractor and sub consultants, if applicable, have completed and/or begun in other communities.

C. Project Approach: Describe how your team will complete this project. Please include tasks you believe must be accomplished, how they would be executed and provide your insights regarding any additional or alternative methods you believe could benefit this project and think that the County should consider.

a. Project Coordination: Briefly describe the firm’s approach to planning, organizing and managing the overall and daily project activities. Include strategies for maximizing the effectiveness and efficiency of the following: (1) Communication; (2) Problem Identification and Problem Solving; (3) Schedule Control; (4) Cost Control; and (5) Quality Control.

D. Client References: All proposers shall provide references from at least three (3) clients for which you have provided services similar to those we require during the past five (5) years.

Include scope, client longevity and specific service descriptions. List the name of a responsible, knowledgeable owner’s representative, and provide the individual’s role on the project, and his or her current address and phone number.

E. Professional Capability: Briefly describe evidence of the firm’s demonstrated ability to perform and in a professional, competent, and timely manner. Address issues including but not limited to the following: (1) Financial stability; (2) Ability to adequately staff the project; and

(3) Ability to meet appropriate public relations needs.

3. FEE PROPOSAL

Proposer shall provide a Fee Proposal and Breakdown of Construction and Material Costs to complete the proposed scope of work for the Project. The proposal must be a flat fee for all services described in the proposal. All expenses must be clearly identified. Contractor shall be paid on a time and materials method of payment. The total project cost, inclusive of all labor, materials, equipment, and construction services shall not exceed $76,415.00 (gross cost prior to incentives).

After application of all eligible incentives, the net project cost shall not exceed $72,175.00.

IX. Attachments

• Emerson Park Solar Map

2 STATE STREET, 3RD FLOOR

AUBURN, NY 13021

GENERAL CONDITIONS

BIDS

1. All proposals shall be contained in sealed envelopes addressed to the Cayuga County Purchasing

Department, Attn: Amanda O’Grady Director of Purchasing, 2 State Street, 3rd Floor, Auburn, NY 13021 and should contain at least 2 printed copies and a digital copy on a USB drive of the proposal

2. Bidder must submit with proposal detailed specifications, circulars and all necessary data on items he/she proposes to furnish. This information must show clearly that the items offered meet all detailed specifications herein. The County Legislature reserves the right to reject any bid if its compliance with the specifications is not clearly evident. If an item offered differs from the provisions contained in these specifications such differences must be explained in detail and the proposal will receive careful consideration if such deviations do not depart from the intent of these specifications and are in the best interests of the County of Cayuga as interpreted by the Legislature of the County of Cayuga.

3. The prices submitted shall be exclusive of Federal and State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the County.

4. Prices shall include transportation and delivery charges fully prepaid by the successful proposer to destination indicated in the proposal. In any case, title shall not pass until items have been delivered and accepted by the County.

5. All proposals received after the time stated for the opening in the Invitation to Bid Notice may not be considered and may be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in the handling of the mail. Whether sent by mail or by means of personal delivery, the proposer assumes responsibility for having his/her proposal deposited on time at the place specified.

6. The County reserves the right to request any additional information deemed necessary for the proper evaluation of proposals. Manufacturer's recommended list prices are required with the proposal.

7. In the event satisfactory proposals are not received, the Legislature reserves the right to consider alternative proposals containing deviations from county specifications. Proposers shall explain in detail where such alternatives deviate from the terms of the specifications as issued.

8. The Legislature reserves the right to reject any, and all, proposals not deemed for the best interest of the County and to reject proposals that, in their opinion, are incomplete, conditional, obscure, or which contain irregularities of any kind.

9. The Legislature of the County of Cayuga reserves the right to waive any informality or specification or do so on condition.

10. Project will be awarded to the lowest bidder to promote the public interest, taking into consideration the reliability of the proposer, price, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery, completion, and training.

11. No contract hereunder shall, either in whole or in part, be assigned, transferred or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the County Legislature.

12. Should any material or equipment delivered fail to meet the specifications, the Legislature may, at their discretion require the vendor to replace the same with material or equipment which does meet the specifications and, at the vendor's expense, to remove the rejected material or equipment from wherever delivered or stored and in the event that such proper replacement and removal is not made by the vendor within 10 days, to cancel the order and terminate the contract, in which event the county will assume no responsibility for any expense or loss to the vendor because of such cancellation or termination.

13. If the successful bidder fails to deliver within the time specified, or within a reasonable time as interpreted by the County, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the County, the County may purchase from other sources to take the place of the item rejected or not delivered. On all such purchases the successful bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from the contract consideration.

14. A contract may be cancelled at the successful proposer's expense upon non-performance or poor performance of the contract on ten (10) calendar days written notice.

15. Any, and all, awards resulting from the accepted proposal shall be for the complete project. Proposer may not rescind contract because of error or inability to supply through anticipated sources.

16. Executory Clause. It is understood by the parties that this agreement shall be executory only to the extent of the monies available to the County of Cayuga appropriated therefore, and no liability on account thereof shall be incurred by the County beyond the monies available and appropriated for the purpose thereof.

17. The successful proposer/contractor shall be responsible for delivery of items in good condition at point of destination. They shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices.

18. Unloading and placing of equipment and materials is the responsibility of the successful proposer/contractor, and the County accepts no responsibility for unloading and placing of same. Any costs incurred due to the failure of the successful contractor to comply with this requirement will be charged to contractor. No help for unloading will be provided by the County and suppliers should notify their truckers accordingly.

19. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

Contract Number and/or Purchase Order Number Name of Article Item Number (if applicable) Quantity Name of the Successful proposer/contractor

20. The successful proposer/contractor(s) guarantees:

A. Items furnished do not contain defective material or workmanship and will repair or replace any damages or marring occasioned in transit.

B. To furnish adequate protection from damage for all work and repair damages of any kind for which contractor’s workers are responsible, to the building or equipment, to his own work, or to the work of others.

C. That the items delivered are standard, new, latest model of regular stock product or as required by the specifications; also, that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. Every unit delivered is guaranteed by the successful proposer/contractor against faulty material and workmanship for a period of at least one year from date of delivery. If during this period such faults develop, the successful proposer/contractor agrees to replace the unit or the part affected without cost to the County. Any merchandise provided under the contract which is or becomes defective during the guarantee period shall be replaced by the successful proposer/contractor free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful proposer/contractor shall make any such replacement immediately upon receiving notice from the County.

21. The successful proposer/contractor(s) shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by war, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the successful contractor.

22. All vendors must comply with the provisions of the Toxic Waste Right to Know Law and provide the County with any and all information as required by law.

23. All regularly manufactured stock electrical items must bear the label of the Underwriters' Laboratories, Inc.

24. All supplies, equipment, vehicles, and materials must meet the provisions of the New York State Public Employee Safety and Health Act of 1980.

25. Proposer must complete all forms that are a part of this invitation to bid attached hereto and submit them with the proposal.

26. No verbal interpretation of the intent of any of the specifications or other Contract Documents will be made before opening of proposals. Requests for written interpretations prior to opening must be presented, in writing, to the Purchasing Agent, 2 State St. 3rd Flr., Auburn, NY 13021, and to be given consideration must be received by the Purchasing Agent at least seven (7) days prior to the date set for the opening.

27. Any written interpretation, and any additional information or instruction will, if issued, be in the form of a written Addendum or Addenda sent to all holders of ITB Documents at the addresses furnished therefore, at least five (5) days prior to the date of the opening.

28. Failure of any proposer to receive any Addenda shall not relieve such proposer from any obligation set forth in the Addenda. All Addenda so issued shall become a part of the ITB.

29. Prior to the time and date of opening, the identity of proposers and the number of the proposals received may be kept confidential, being disclosed only to public officials when such disclosure is considered necessary for the proper conduct of the submittal process. If no proposals are received or if only one proposal is received within a reasonable time period, the County shall have the option to conclude that competition can be enhanced through revision of the specifications, postponement of the opening date, or in some other way.

30. Qualifications of Proposers. The proposer, by submitting a proposal, authorizes the County to make such investigation as they may deem necessary or advisable to determine any proposer's history as to responsibility or ability to do the work, and the proposer shall furnish to the County, on request, all data and information pertinent thereto. The County reserves the right to reject any proposal if such investigation determines that the proposer has a history, which would cause a reasonable person to question whether to contract with the proposer. Financial instability of a proposer may be one of the causes for non-award.

31. A conditional proposal may be considered informal and may be rejected.

32. A pre-proposal meeting may be held at the option of the Purchasing Agent.

33. Cooperative Bidding. Any officer, board or agency of a political subdivision or of any district therein, located in whole or in part in a county, authorized to make purchases of materials, equipment or supplies, or to contract for services, may make such purchases, or may contract for services, when available, through the county in which the political subdivision or district is located or through any county within the state. However, the County of Cayuga is not an agent of, partner to or representative of these outside agencies is not obligated or liable for any action or debts that may arise out of such independently negotiated “piggy-back” procurements.

36. The provisions of Section 220 of the State’s Labor Law are deemed a part of every proposal with the same force and effect as if set forth at length.

37. Upon mutual agreement by both the County and the awarded bidder(s), a bid may be extended for 2 additional years after the first year.

STANDARD CONTRACT CLAUSES FOR CAYUGA COUNTY

This agreement includes the following terms and conditions, to which the parties do mutually covenant and agree, to wit:

1. The work shall commence and shall progress with due diligence and in the order and manner, in which the Municipality or its engineer may reasonably require, said work to be completed as set forth in the bid proposal.

2. It is further understood and agreed that in case there is a variation between the terms of this contract and the plans and specifications hereinbefore incorporated herein, or between any of the plans and specifications, the Municipality shall determine which shall control and this decision shall be final and in writing.

3. It is further understood and agreed that title to all materials delivered, accepted and paid for, or partly paid for, by the Municipality shall vest in and become the property of the Municipality.

4. Prevailing Wages: All vendors submitting bids for public works are required to conform to all current NYS prevailing wage laws. The County has applied for and has received a PRC number for this project, if applicable. The successful vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this document. Current rates are available by calling the NYS Department of Labor at (585) 258- 4505. Rates are also available via the internet at http://www.labor.state.ny.us/prevailing_wage_home.shtm

5. The contractor shall post at a conspicuous point at the site of the work, a schedule showing all determined minimum wage rates as above specified to be paid for the various classes of mechanics, workmen and laborers employed on the work.

6. The Municipality may require the Contractor or any subcontractor or other person performing any work contemplated by this contract or any extra work to file with the governing board of such Municipality a schedule of the wages to be paid to such laborers, workmen and mechanics, and such Contractor shall, within ten (10) days after the receipt of written notice of such requirement, file with the Municipality such schedule of wages.

7. In the hiring of employees for the performance of work under this contract, no Contractor, subcontractor or other person engaged in the performance of any work contemplated by this contract shall, by reason of race or color, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates No Contractor, subcontractor or any person on his behalf, shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin.

8. It is expressly understood and agreed that upon the refusal of the Contractor or any agent or employee of the Contractor, when called before a grand jury, to testify concerning any transaction or contract had with the State of New York, any political subdivision thereof, a public authority thereof or with any public department, agency or official of the State or of any political subdivision thereof or of any public authority thereof, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning this transaction or contract shall cause the cancellation or termination of this contract and the Municipality shall be liable to the Contractor only for goods delivered or work done prior to the time of the said cancellation or termination.

9. Before payment is made by or on behalf of the Municipality of any sum or sums due on account of this contract, the governing board of the Municipality shall require the Contractor and each and every subcontractor doing work contemplated by the terms of this contract to file a statement in writing, in a form satisfactory to the said board, certifying to the amounts then due and owing by the Contractor or subcontractor filing such statement to material men and to any and all laborers on account of labor performed, setting forth therein the names of the persons to whom wages are due and the amount due to each respectively, which statement shall be verified by the oath of the Contractor or subcontractor as the case may be.

10. Each, and every, provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein, and if through mistake or otherwise, such provision is not inserted, then upon the request of either party, this contract shall be amended forthwith to make such insertion.

SAMPLE AGREEMENT

Construction Services

This agreement (hereinafter the “Agreement”), made by and between the COUNTY OF CAYUGA, a municipal corporation of the State of New York, having its principal place of business at 2 State Street, 3rd Floor, Auburn, NY 13021 (hereinafter, the “County”) acting by and through [County Department], and

[Contractor name] having its principal place of business at:

[Contractor’s Address] (herein, “Contractor”).

In consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, Contractor agrees to perform the following Services in accordance with the terms and conditions set forth herein, including the following appendices which, taken together, constitute the full and complete understanding of the parties:

Appendix A – Scope of Services

Appendix B-3 – Standard Terms and Conditions - Construction Services

Appendix C-3 – Insurance Agreement – Construction Services

Appendix D – Notice to Vendors, Contractors, and Consultants, including Corporate Compliance Policy and Non-Discrimination/Harassment Policy

Appendix E – NYS Labor Law Compliance, Prevailing Wage Requirements, and Contractor Registration

Term of this Agreement: ____________________, 2026 through _________________________, 20____.

This Agreement is being executed pursuant to the authority of Resolution No. _____ adopted by the Cayuga County Legislature at a duly held meeting on _____________________________________.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by setting their hands and seal this ____ day of _______________, 2026.

COUNTY OF CAYUGA CONTRACTOR:

By: _________________________________ By: _________________________________ Jonathan Anna, Chair Cayuga County Legislature

CAYUGA COUNTY DEPARTMENT Approved as to form:

By: ___________________________ _____________________________________ County Attorney

A P P E N D I X A

S C O P E O F S E R V I C E S / C O N S I D E R A T I O N :

1. Contractor agrees to perform the following Services in a timely manner and in accordance with the terms and conditions of this Agreement:

2. For satisfactory performance of the Services, County agrees to compensate the Contractor as follows:

Said compensation constitutes the total compensation (subject to authorized adjustment) payable to Contractor for performing the Services. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor’s expense without change in the said compensation. Such compensation shall be deemed a “not-to-exceed cost” to the County. Costs in excess of such not-to-exceed costs, if any, may not be incurred without prior written authorization of the County, evidenced by a written Addendum to this Agreement signed by the County official who has executed this Agreement.

It is specifically agreed to by Contractor that the County shall have no responsibility for any additional costs, or costs in excess of the above-noted not-to-exceed cost, unless the County Legislature has authorized such excess or additional cost or expense in writing prior to the performance of the Services giving rise to such excess or additional costs.

Contractor assumes all risks for the timely delivery of the Services described herein in accordance with the terms and conditions of this Agreement. An extension of time to perform the Services may only be granted by a written Addendum to this Agreement signed by the County official who has executed this Agreement. In no event shall the County be liable to Contractor, or its subcontractors, agents, or assignees, or any other person or entity for damages arising out of or resulting from any delays encountered by the Contractor in the delivery of Services or any extensions of time granted pursuant to this paragraph.

APPENDIX B-3

STANDARD TERMS AND CONDITIONS – CONSTRUCTION SERVICES

The parties to the attached contract (including any amendments thereto) (hereinafter, “the Agreement” or “this

Agreement”) agree to be bound by the following terms and conditions which are hereby incorporated into and made a part of the Agreement. The word “Contractor” herein refers to the signatory on the face page of this Agreement. The word “County” refers to the County of Cayuga.

1. PERFORMANCE/SCOPE OF SERVICES.

a. The services to be performed are described in Appendix A, Scope of Services, to which these Terms and Conditions are attached. Except as specified elsewhere in this Agreement, Contractor shall furnish technical and professional services, including labor, material, supplies, equipment, transportation, accommodation, subsistence and supervision to perform the tasks set forth in the Scope of Services and within the target schedules.

b. Contractor shall perform the Services using Contractor–owned equipment and facilities wherever and whenever possible. In performing the Services, Contractor shall assign qualified personnel and perform such Services in a good and workman like manner and in accordance with the professional standards and with the skill, diligence and quality control/quality assurance measures expected of a recognized professional contracting firm performing services of a similar nature. Contractor is hereby given notice that the County will be relying upon the accuracy, competence, and completeness of Contractor’s Services.

c. County shall not compensate Contractor for any services not within the Scope of Services as specifically identified in Appendix A without prior authorization, evidenced either by a written Change Order or Addendum to this Agreement, authorized by the County Legislature, and executed by the County officer or employee who executed this Agreement. The Contractor shall procure and pay for all permits and licenses necessary for the Services to be rendered hereunder. [See, Paragraph “5”, “Change Orders”]

2. ACCESS. County hereby authorizes Contractor to enter upon the property upon which Contractor’s Services are to be performed (the "Site") or shall otherwise arrange for Contractor to have uninterrupted access to the Site throughout the Term of this Agreement.

3. CONTRACTOR REPRESENTATIONS. Contractor represents and warrants that:

a. It is fully licensed (to the extent required by law), experienced and properly qualified to perform the Services as provided under this Agreement and that it is properly permitted, equipped, organized and financed to perform such Services;

b. It is fully familiar with all federal, state, and local laws, rules, ordinances and regulations which may in any way affect the Services to be performed hereunder;

c. It is fully compliant with the registration requirements set forth in Labor Law §220-i and that its registration has not been suspended or revoked, nor has the Contractor been deemed “unfit” by NY Department of Labor and that any subcontractors hired to perform work under this Contract shall be so registered prior to performing any work hereunder.

d. No person or selling agent has been employed or retained by Contractor to solicit or secure this Agreement upon an agreement or upon an understanding for a commission, percentage, a brokerage fee, contingent fee or any other compensation;

e. No payment, gift or thing of value has been made, given or promised to any County elected official, officer or employee to obtain this or any other agreement between the parties;

f. No elected official or other officer or employee of the County, nor any person whose salary is payable, in whole or in part, by the County, or any corporation, partnership or association in which such official, officer or employee is, directly or indirectly interested, shall have any financial interest, direct or indirect, in this Agreement or in the proceeds thereof.

Contractor makes the foregoing representations and warranties to induce the County to enter into this Agreement and the County relies upon such representations and warranties in the execution hereof.

For a breach or violation of such representations or warranties, the County shall have the right to annul this Agreement without liability. For a breach of subparagraphs “c”, “d”, “e”, and “f” in addition to any other remedy available, the County shall be entitled to recover all monies paid hereunder and Contractor shall not make claim for or be entitled to recover, any sum or sums otherwise due under this Agreement. These remedies, if effected, shall not constitute the sole remedies afforded the County for such falsity or breach, nor shall it constitute a waiver of the County’s right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.

4. COMPLIANCE WITH LAWS. Contractor shall comply with all laws, rules and regulations of any governmental authority having jurisdiction over the Contractor, County, or the manner or method of production, procurement, delivery, or retrieval of products or services for which this Agreement contemplates. In no event shall the failure of the Contractor to comply with this paragraph constitute a waiver of this paragraph by the County.

5. CHANGE ORDERS: Contractor may be entitled to additional compensation for work performed in excess of the Scope of Services (“excess work”) but only in the event that such excess work is caused by:

a. Increases in costs due to changes in Contractor’s Scope of Services from those included in Contractor's original proposal; or

b. Additional work requested by County; or

c. Changes in the manner or method of performance of work are required due to

i. Conditions existing on site which were not known or observable at the time that Contractor prepared and submitted the original proposal; or

ii. There are changes in schedule or circumstances outside the control of either party.

County shall have no responsibility to pay for the cost of any excess work unless a written change order authorizing the same and specifying the scope of such additional Services, the amount of compensation, and the extension of time for performance (if any) is executed by the County prior to such excess work being performed. Contractor shall bill such change order on a time and materials basis in accordance with Contractor's then current standard commercial rates.

6. TERMINATION/SUSPENSION. The County may terminate this Agreement and/or suspend performance of the services with or without good cause upon giving 30 days written notice to the Contractor. The County may terminate this Agreement immediately upon written notice that (1) the Contractor has breached the terms and conditions of this Agreement or (2) the Contractor has become bankrupt or insolvent. Upon termination of this Agreement, Contractor agrees to comply with any County closeout procedures, including (a) refunding any unexpended funds received by Contractor under this Agreement within thirty (30) days of receipt of notice, and (2) providing a complete inventory of any materials or equipment purchased on behalf of the County and following any directives from the County as to the disposition of such property. In the event the County terminates this Agreement or suspends performance of the services, the County shall pay Contractor any amounts due for services completed to the satisfaction of the County up to the date of the notice, plus any services requested by the County as necessary for transition or termination. In the event that the County’s financial obligation pursuant to this Agreement is funded in whole or in part by grant, continuation of this Agreement is contingent upon the continuation thereof. Should grant monies cease, the contract shall terminate and the County shall provide written notice to the Contract of such termination.

7. INDEPENDENT CONTRACTOR. Contractor acknowledges that it is an independent contractor. Neither Contractor, nor its officers, agents or employees, are or shall hold themselves out to be agents or employees of the County. Contractors shall indemnify and hold the County harmless if any contrary claim is made. Contractor has sole authority and responsibility over the means and methods of performing the Services hereunder and to employ, discharge or otherwise control its employees.

8. WORKERS’ COMPENSATION BENEFITS. This contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law.

9. REPRESENTATIONS OF PARTIES. The County and Contractor each represent and warrant that this Agreement has been duly authorized, executed and delivered.