City of Cortland Roundhouse Mill Demolition Project- Request for Proposals.docx

CITY OF CORTLAND

NOTICE TO BIDDERS

City of Cortland Roundhouse Mill Demolition Project- Request for Proposals The City of Cortland is seeking written proposals from qualified firms to provide structure demolition, site clearance, and site restoration at removal of an industrial building known as the Roundhouse Mill located at 41 Elm Street, Cortland NY 13045.

This Request for Proposals (RFP) has been designed to ensure that these services are procured pursuant to a fair, competitive selection process based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

An electronic copy of the complete RFP document, support reference documents, and any potential issued RFP addenda can be obtained via download from the City of Cortland ’s website:

https://www.cortlandny.gov/ Bidders are encouraged to attend a scheduled site visit to verify existing site conditions for the project. The site visit will take place on April 17th, 2026, between 2:00 PM and 3:00 PM.

M/WBE and Section 3 firms are strongly encouraged to submit proposals Questions regarding any part of the RFP must be submitted in writing via e-mail to Randi Mowry, Purchasing Manager; rmowry@cortlandny.gov. All written requests for RFP clarifications or questions must be received in writing no later than noon April 20th, 2026.

All proposals should be clearly marked "RFP- City of Cortland Roundhouse Mill Demolition Project" on the outside. Submission of one (1) hard copy is required and may be delivered by mail or in person and must accompany an electronic, searchable PDF Format on a USB flash drive. Electronic copies alone will not be accepted.

Submissions should be sent to the Cortland City Clerk’s Office, which is located on the main floor of City Hall, 25 Court Street, Cortland, New York 13045.

Any proposal received later than, noon May 1, 2026, whether delivered in person or postal mail shall be disqualified.

The City of Cortland reserves the right to reject any or all proposals submitted.

Submit Proposals to: City Clerk’s Office, City Hall, 25 Court St. Cortland, NY 13045

For Questions Contact: Randi Mowry Purchasing Manager rmowry@cortlandny.gov

Overview/Scope of Work

The City of Cortland is seeking proposals for demolition, site clearance, and site restoration at 41 Elm Street Cortland NY 13045.

The work to be conducted includes the complete demolition of all existing structure(s), removal and disposal of all debris from the site, including asbestos containing material, backfill, grading, and site restoration. Work shall be performed in accordance with the General Requirements and Technical Specifications outlined below, and all applicable laws

The City of Cortland intends to award a single contract to the lowest responsible bidder who demonstrates the experience, skill and competence required to perform the required services in the most efficient, cost-effective, and professional manner. The agreement between the City of Cortland and the successful bidder will incorporate all of the General Requirements and Technical Specifications outlined in this Request for Proposals.

Non Friable Asbestos Containing Material The project is to be demolished as controlled demolition with non-friable Asbestos Containing Material (ACM) in place. Demolition and disposal must be made in accordance with the approved “Petition for Asbestos Variance SH-67M3E Controlled Demolition with Non-Friable Asbestos in Place” (the Variance) dated December 5, 2025 by the NYS Department of Labor. Contractors working on the site will be required to be licensed by New York State for asbestos handling. Contractors will need to be familiar with New York State and Federal laws regarding asbestos handling.

All bids must be inclusive of all costs including permits, site work, disposal, ( including transportation and disposal fees), equipment, and materials necessary for contractor to provide a complete project. The contractor shall be responsible for applying for and securing all permits and providing copies of those permits to the City of Cortland, hereinafter also referred to as Owner.

The contractor will have forty-five (45) days from the date a contract is executed to complete all work required hereunder.

Contractor Qualifications

Proposers must have completed at least fivc (5) demolition projects similar in scope to this project. Contractors to submit list of projects with the Proposal.

Contractors must be licensed by NYS Department of Labor for Asbestos abatement. Contractor to provide copy of license with the Proposal.

Contractors must have a certified Asbestos Supervisor on site at all times during the work. Contractors to submit Name and Supervisor Certificate with proposal.

All workers on the site involved with Asbestos handling must have valid corresponding certificates. These must be submitted prior to start of the work.

Contractor must maintain a required daily project log per ICR 56 and the Variance.

Technical Specifications –

1. General

1.1. Construction Schedule: Prepare a Construction Schedule prior to the start of the Work enumerating significant milestones. Provide in sufficient detail acceptable to the Owner to allow coordination with Applications for Payment.

1.1.1. Coordinate with Schedule of Values to be used in Application for Payment

1.2. Contract modifications

1.2.1. For minor changes in the work Owner may issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time.

1.2.2. Owner-Initiated Proposal Requests: Owner will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. Such proposal requests are not instructions either to stop work in progress or to execute the proposed change. Within time specified in Proposal Request or 7 days, when not otherwise specified, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. Indicate delivery charges, equipment rental, and amounts of trade discounts. Include costs of labor and supervision directly attributable to the change. Include an updated schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times.

1.2.3. Contractor-Initiated Proposals: If changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to the Owner. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. Indicate delivery charges, equipment rental, and amounts of trade discounts. Include costs of labor and supervision directly attributable to the change. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship.

1.2.4. Change order procedures: On Owner's approval of a Work Change Proposal , Owner will issue a Change Order for signatures of Owner and Contractor on form acceptable to Owner and Contractor.

1.2.5. Construction Change Directive: The Owner may issue a Construction Change Directive. Such a Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order.

1.2.5.1. The Construction Change Directive shall contain a complete description of change in the Work. It will also designate methods to be followed to determine change in the Contract Sum or the Contract Time.

1.2.5.2. Documentation: Maintain detailed records on a time and material basis of work required by such a Construction Change Directive. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract

1.3. Payment Procedures:

1.3.1. Schedule of Values: Prepare a schedule of values with preparation of Contractor's construction schedule. Submit the schedule of values to Owner at earliest possible date, but no later than seven days before the date scheduled for submittal of initial Applications for Payment.

1.3.1.1. Arrange the schedule of values in tabular form, with separate lines for each item listed. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports.

1.3.1.2. Schedule of Values Revisions: Revise the schedule of values when Change Orders or Construction Change Directives result in a change in the Contract Sum. Include at least one separate line item for each Change Order and Construction Change Directive.

1.4. Applications For Payment:

1.4.1. Submit Application for Payment to Owner by the last day of the month. The period covered by each Application for Payment is one month, ending on the last day of the month unless all work will be completed in a shorter time frame. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Owner will return incomplete applications without action. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. Submit two signed and notarized paper copies of each Application for Payment to Owner. All copies shall include waivers of lien and similar attachments as required by the Agreement. Owner reserves the right to designate which entities involved in the Work must submit waivers.

1.4.2. Submit final Application for Payment with or preceded by conditional final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. Submit executed waivers of lien on forms acceptable to Owner.

1.4.3. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:

1.4.3.1. List of subcontractors.

1.4.3.2. Schedule of values.

1.4.3.3. Contractor's construction schedule .

1.4.3.4. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work.

1.4.4. Application for Payment at Substantial Completion: After Owner issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion of the Work. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum.

1.4.5. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including evidence of completion of Project closeout requirements.

2. Project Monitor

2.1. The Owner shall engage the services of a Consultant who shall serve as the Owner's NYSDOL licensed Project Monitoring Firm (PM) to oversee the performance of asbestos compliance on the Project and provide direction throughout the work as needed.

2.2. The Contractor is required to ensure cooperation of its personnel with the Project Monitor for the air sampling and other Project monitoring functions described below. The Contractor shall comply with all direction given by the Project Monitor during the course of the Project.

2.3. The PM shall be on-site at all times the Contractor is on-site until the completion of the work. The Contractor shall not be permitted to conduct any Work unless the PM is on-site or until the PM has determined that the site no longer contains Asbestos Containing Material (ACM).

2.4. The PM shall have the authority to direct the actions of the Contractor verbally and in writing to ensure compliance with the Project documents and all regulations.

2.5. The PM shall have the authority to Stop Work when gross Work deficiencies or unsafe practices are observed. Such Stop Work order shall be effective immediately and remain in effect until corrective measures have been taken. Standby time required to resolve the situation shall be at the Contractor's expense.

2.6. The Project Monitor shall provide the following services:

2.6.1. Review and approve or disapprove all submittals and schedules where ACM is involved.

2.6.2. Confirm that notifications to governmental agencies by the Contractor have been submitted in a timely manner and are correct in content. If found to be insufficient PM has authority to require modifications to Contractor’s procedures for filing

2.6.3. The PM shall provide Project air sampling and analysis as required by the Variance and applicable regulations (New York State and Federal). Sampling will include background, during Work, and clearance sampling.

2.6.3.1. If the air sampling during the work reveals airborne fiber levels at or above allowable levels outside the Work Area, then the PM has the authority to issue an immediate Stop Work order. The Contractor shall then modify procedures as necessary, HEPA vacuum and/or wet clean the surface outside the Work Area. The Contractor shall bear the burden of any and all costs incurred by this delay.

2.7. The following inspections may be conducted by the PM. Additional inspections may be conducted as required by Project conditions at PM’s discretion.

2.7.1. Pre-Construction Inspection: The purpose of this inspection is to verify the existing conditions of the Work Areas and to document these conditions.

2.7.2. Pre-Commencement Inspection: The purpose of this inspection is to verify the integrity of any containment or cleaning systems prior to disturbance of any ACM. This inspection shall take place only after the Work Area is fully prepped for demolition.

2.7.3. Work Inspections: PM will monitor the Work practices and procedures employed on the Project and to monitor the continued integrity of any cleaning or containment systems. Inspections shall be conducted by the PM during all preparation, removal, and cleaning activities at least twice every work shift. Additional inspections shall be conducted as warranted.

2.7.4. Visual Clearance Inspection: The purpose of this inspection is to verify the Contractor's certification that all ACM have been removed from the Work Area.

2.7.5. Post-Clearance Inspection: The purpose of this inspection is to ensure the complete removal of ACM, including debris, from the Work Area after satisfactory final clearance sampling and removal of all critical barriers and equipment from the Work Area.

2.7.6. Punch List Inspection: The purpose of this inspection is to verify the Contractor's certification that all Work has been completed as contracted and in compliance with the Variance prior to Owner’s acceptance of substantial completion.

2.8. Contractor must coordinate all demolition procedures with the PM. PM will not be restricted from any area of the work.

2.9. Contractor’s Asbestos Supervisor to accompany PM on all inspections per Variance and adhere to recommendations.

3. Site Preparation:

3.1. Where no permanent fencing is located at site boundaries or property line, install construction /mesh fencing completely enclosing site prior to start of work. No work shall begin prior to Asbestos

3.2. Seal adjacent property openings within 25’ of work area. If not allowed by property owner, document issue in daily project log.

3.3. Establish regulated work areas, decontamination units, airlocks, and dumpster areas and cordon off at distance of 25’

4. Demolition

4.1. All structural walls including, wood and masonry shall be demolished in small sections. Structural steel, cast iron, and heavy timber framing members shall be removed individually and lowered carefully.

4.2. All basement floors and foundation walls are to be removed completely to and including base of footings. Open basements shall be backfilled or fenced at the end of each work day.

4.3. All pits, tunnels or hidden channels shall be excavated and demolished. Any hazardous materials found in such areas shall be disposed of in a manner acceptable to the Owner and authorities having jurisdiction and in compliance with State and Federal environmental regulations

4.4. All driveways, walkways, sidewalks, garages, sheds, pits, equipment slabs, scales, railroad tracks including rails and ties, and any other item should be removed from the property.

4.5. The only items that may remain are the main sidewalk along Elm Street and any driveway apron within the road ROW.

4.6. Work shall include removal of discontinued underground utilities (water, sewer, gas, and any other buried utility to the ROW line or property line. Lines to be capped and sealed at property lines and end of utility marked with a stake at the surface if not already done so. Provide a final survey of site showing location of buried utilities that are capped.

4.7. Salvage: The successful bidder shall be entitled to all materials. All piping, conduits, cables and other equipment belonging to public service companies shall not become the property of the successful bidder, unless abandoned by the various companies owning or controlling the same. All disassembled materials become the property of the successful bidder, unless otherwise indicated and shall be promptly removed from the site.

4.7.1. PM and Asbestos Supervisor to confirm such materials are free of ACM and decontaminated prior to removal from site.

4.8. All non-hazardous construction/demolition waste, if not reused on site as fill (including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block, and unsegregated concrete) may be disposed of at an acceptable permitted C&D Debris Handling & Recovery facility or the Cortland County landfill. All disposal sites must be specified by the contractor at the time of submittal and approved by the City of Cortland. Non-Friable ACM must be disposed of the Cortland County Landfill.

4.8.1. All disposal fees are the responsibility of the contractor

4.9. The contractor shall keep the site and public rights-of-way reasonably clear at all times.

4.10. Upon completion of the work, the contractor shall remove all temporary construction, equipment, salvaged materials, trash, and debris of all kinds, leaving the site in a neat condition.

4.11. All basements and other below-grade excavations shall be backfilled and graded to adjacent ground level.

4.11.1. All fill materials shall be earthen materials free of clay, loam, glass, metal, herbaceous, combustible, or unstable materials and meeting NYS DOT Standard Specification 733.04A Types 1,2,3 or 4

4.11.2. If asbestos free, concrete and masonry material from the demolition activities that have been pulverized to the above NYS DOT Standard Specification may be used for backfill.

4.11.3. Fill materials shall not include sand, but may include a sandy soil approved by the City of Cortland. All backfill material shall be compacted to 95% Modified Proctor

5. Site Restoration –

5.1. At the completion of demolition activities and following backfill, the contractor shall rough, then finish grade the site to an even slope or level sufficiently to prevent accumulation of runoff in any low areas that will result in accumulation of water or surface ponding. The contractor shall then provide material and fine grade the site with a finish course of not less than two inches (2”) of top soil.

5.2. Topsoil shall be free of any pulverized asphalt, concrete, building materials, or other construction debris.

5.3. The final grade shall permit mowing of the site with a reel-type mower and the entire disturbed area shall be seeded with annual rye grass at a rate of twenty (20) pounds per square acre, and promptly mulched with straw at the rate of one (1) pound per square yard.

5.4. The site, sidewalks, and adjacent streets shall be left in a neat and clean condition at the conclusion of the work.

6. Final Inspection – The contractor shall notify the City of Cortland when demolition and site clearance activities are substantially complete and provide a date on which the work will be ready for final inspection

7. Traffic Control – The contractor shall not close or obstruct public or private rights-of-way unless specifically authorized. Any anticipated road closures shall be coordinated with and approved by the City of Cortland and shall comply with any requirements or restrictions imposed by the City.

Insurance The contractor shall maintain such insurance as will protect it from the claims set forth below, which may arise out of results from its operations under this contracted work:

(1) Workers’ Compensation Insurance: A policy covering the obligations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workers’ Compensation Law, covering all operations under the Agreement, whether performed by the contractor or by his sub-contractors. The Contractor shall keep insured during the life of this Agreement such employees in compliance with the provisions of Workers’ Compensation Law (State Finance Law, Section 142).

(2) Liability Insurance: Policy or policies naming the Contractor as the insured, except as otherwise provided below, shall be furnished as follows:

Each Accident $1,000,000 Aggregate $3,000,000

Insurance insuring Contractor

Contractor (*See Below)

Insuring Contractor (*See Below)

Contractor

Insuring “The City of Cortland” for all coverage and all operations under this Agreement. (***See Below)

* The Contractor shall indemnify the City of Cortland against liability for claims, demands, loss, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against it by reason of any omission or act of the Contractor, his agents or employees, all subcontractors, his or their agents or employees, including also any omission or supervisory act of the City of Cortland in the performance of this Agreement, and shall hold the City of Cortland harmless there from.

** Such coverage shall remain in effect until all of the work covered under the project contract is completed.

Prevailing Wage All work included in this project is subject to the New York State Department of Labor Prevailing Wage Law. Prevailing Rate Case Number (PRC# 2026009275 - Roundhouse Mill Demolition ) has been assigned to the project. The Contractor shall comply with the wage rates and supplements contained in the issued schedule.

Proposal Submission The procurement schedule is tentatively planned for the following dates:

City of Cortland reserves the right to change this schedule as needed.

Any Proposals received prior to the date and time specified above for the “RFP Submittal Deadline” may be withdrawn or modified by written request of the proposer. To be considered, however, the modified Proposal must be received by the time and date specified “RFP Submittal Deadline” above.

Submission Requirements ☐ List of (5) demolition projects similar in scope to this project.

☐ Proof of New York State Department of Labor Asbestos Licensing and Certifications for all projected personnel assigned to the project.

☐ Proof of Insurance ☐ Record of any violations, citations, or enforcement actions within the last 5 years.

☐ Communication protocol with Owner and Demolition Contractor, including ☐ Exhibit A: Non Collusive Bidding Certificate ☐ Exhibit B: Acknowledgement and Agreement to Comply with Standard Clauses for New York State Contracts (Appendix A) ☐ Exhibit C: Conflict of Interest Disclosure ☐ Exhibit D: Addenda Acknowledgement ☐ Exhibit F: Key Project Contacts Cancellation of RFP The City of Cortland reserves the right to cancel the RFP at any time without prior notice and to adjust the RFP schedule at any time without prior notice. The City of Cortland bears no responsibility and no liability for costs incurred by respondents prior to issuance of a contract. Any costs incurred in the preparation of the proposal, presentations, or travel in conjunction with such presentations shall be the responsibility of the respondent.

Evaluation & Selection Process Pass / No Pass Review:

Proposals will first be reviewed using Pass/No Pass criteria to determine compliance with the requirements of this solicitation. Proposals that contain exceptions to the agreement, fail to follow the required proposal format, omit required information, or otherwise do not meet the mandatory submission requirements, may be rejected at the City’s discretion. Cost proposals will also be reviewed for completeness and responsiveness as part of this stage. Only those proposals that meet all Pass/No Pass requirements will advance to the Technical Criteria evaluation. Proposals not meeting these requirements will not be considered further.

Technical Criteria Evaluation:

Proposals that pass the Pass/No Pass review will be evaluated based on the technical criteria listed below, as well as cost, and any additional factors the City determines to be relevant in fairly and objectively assessing the qualifications, experience, and overall value offered by each firm. The City reserves the right to consider all information submitted in determining the proposal that is in the best interest of the City.

Proposals shall be evaluated by City staff under a single-step process. The selection process will consist of the following:

1. An evaluation committee (comprised of 3-5 individuals employed by the City of Cortland) will review and evaluate the submitted proposals and develop a shortlist of finalists. The evaluation will consider clarity, accuracy, and completeness of technical proposal requirements and criteria.

2. During the evaluation process, the evaluation committee reserves the right, where it may serve the City’s best interests, to request additional information or clarification from proposers. The City reserves the right to determine the most qualified Consultant(s) based solely on the Proposals reviewed, however, staff may determine that a subsequent interview process may be necessary.

3. The evaluation committee shall rank the technical proposals and attempt to negotiate a mutually satisfactory agreement with the top-ranked consultant. If a mutually satisfactory agreement cannot be negotiated, the evaluation committee will attempt to negotiate an agreement with the consultant which submitted the next second highest ranked proposal, and so forth.

4. The evaluation committee will forward its recommendation for the contract award to the Cortland City Council. After review and consideration of this recommendation, the City Council has the discretion to 1) award the contract based upon the staff recommendation, or 2) reject all proposals.

5. City Council reserves the right to determine the most qualified consultant based solely on the Proposals reviewed, but staff may determine that a subsequent interview process may be necessary. Upon decision, the unsuccessful proposers will be notified of the City’s intent to award the contract to the successful proposer.

Intent to Award Once the evaluation committee has successfully negotiated a proposal with a Consultant, City staff will send the successful proposer a notice of intent to award and three (3) original Professional Services Agreements. Upon receiving these documents, the successful proposer shall sign all three (3) Agreements and return them to the City within 5 business days. All insurance documentation is to accompany the agreements. Contract award is not a binding obligation until signed by all parties and all submission requirements are met.

EXHIBIT A - NON COLLUSIVE BIDDING CERTIFICATE REQUIRED BY

SECTION 139-D OF THE STATE FINANCE LAW

Section 139D, Statement of Non-Collusion in bids to the State:

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

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

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

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

A Bid shall not be considered for award nor shall any award be made where 1, 2, 3 above have not been complied with; provided however, that if in any case, the bidder(s) cannot make the foregoing certification, the bidder shall so state and shall furnish below a signed statement which sets forth in detail the reasons therefore:

(Affix addendum to this page if space is required for statement.)

Subscribed to me under penalty of perjury under the laws of the State of New York, this ______________ day of _________________, 20_____ as the act and deed of said corporation of partnership or sole proprietor.

If Bidders are a Partnership, complete the Following:

If Bidders are a corporation, complete the following:

President Vice President Secretary Treasurer

Identifying Data:

Potential Contractor: ______________________________________________________ Address: _______________________________________________________________ Telephone #: _______________________________ Title: ____________________ E-Mail Address: _________________________________________________________

If applicable, Responsible Corporate Officer Name: ____________________________________ Title: _____________________

Signature: _________________________________

Joint or combined bids by companies or firms must be certified by each participant.

EXHIBIT B – ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS (APPENDIX A)

I hereby acknowledge that I have read, understand and agree to comply with the terms as outlined in Appendix A – Standard Clauses for New York State Contracts. Failure to comply may result in immediate termination of this agreement with potential legal recourse by the County.

Signed: ___________________________________ Date: ________________

Title: _____________________________________

EXHIBIT C - CONFLICT OF INTEREST DISCLOSURE

Conflict of Interest Disclosure Form

Note: A potential or actual conflict of interest exists when commitments and obligations are likely to be compromised by the nominator(s)’other material interests, or relationships (especially economic), particularly if those interests or commitments are not disclosed.

This Conflict of Interest Form should indicate whether the nominator(s) has an economic interest in, or acts as an officer or a director of, any outside entity whose financial interests would reasonably appear to be affected by the contract. The nominator(s) should also disclose any personal, business, or volunteer affiliations that may give rise to a real or apparent conflict of interest. Relevant Federally and organizationally established regulations and guidelines in financial conflicts must be abided by. Individuals with a conflict of interest should refrain from bidding and/or contracting.

Date: _____________________________________________________________

Name: ____________________________________________________________

Position: __________________________________________________________

Please describe below any relationships, transactions, positions you hold (volunteer or otherwise), or circumstances that you believe could contribute to a conflict of interest:

______ I have no conflict of interest to report.

______ I have the following conflict of interest to report (please specify other nonprofit and for-profit boards you (and your spouse) sit on, any for-profit businesses for which you or an immediate family member are an officer or director, or a majority shareholder, and the name of your employer and any businesses you or a family member own):

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

I hereby certify that the information set forth above is true and complete to the best of my knowledge.

Signature: ______________________________________________

Company: _____________________________________________

Date: _________________________________________________

EXHIBIT D – ADDENDA ACKNOWLEDGEMENT

Addenda Acknowledgement

As required by this solicitation, the undersigned Offeror hereby acknowledges receipt of any/all Addenda including:

Addendum Number Dated: Signature:

☐ No addenda were issued

All issued addenda will be available on the City of Cortland’s website: https://cortlandny.gov/

EXHIBIT E -PRIVACY AND SECURITY (HIPAA)

The purpose of this clause is to set forth the requirements for privacy and security of protected health information (“PHI”) mandated by 45 CFR Part 164 as they apply to the services provided by CONTRACTOR on behalf of CITY.

(A) CONTRACTOR understands the importance of the privacy of a patient’s PHI, and agrees to protect that right to the extent necessary under this Agreement and under current federal, state, and local regulations and laws. All PHI will be handled in a private and/or confidential manner. For purposes of this Agreement, PHI is any data or other information as defined by the Department of Health and Human Services in the Code of Federal Regulations, 45 CFR §164.501.

(B) Further, CONTRACTOR understands that CITY’S patients are intended third-party beneficiaries of this Agreement, and have all the rights and privileges of any third-party beneficiary under current law.

(C) Uses and disclosures of PHI that are permitted are those necessary in order for CONTRACTOR to:

1. Properly manage and administer its functions.

2. Meet its legal responsibilities.

3. Provide data aggregation services relating to the health care operations of the CITY.

4. Make those disclosures required by law such as in situations of abuse, neglect, or domestic violence. The uses and disclosures permitted are limited to the PHI necessary to meet the requirements of the law that compels the use or disclosure.

5. Make disclosures in response to a judicial or administrative proceeding through a lawful process such as a subpoena or discovery request.

(D) The uses and disclosures of PHI that are required are those disclosures necessary:

1. For patients to review their PHI.

2. To provide an accounting of disclosures in accordance with 45 CFR §164.528.

3. To allow the Secretary of Health and Human Services to determine CITY’S compliance with 45 CFR §164.504.

(E) CONTRACTOR shall make the following assurances to CITY:

1. CONTRACTOR agrees that it shall not use or disclose any patient’s PHI for any purpose not expressly stated in this Agreement. Further, CONTRACTOR shall not use or disclose PHI in any manner or context prohibited by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and subsequent federal, state, and local regulations. If CONTRACTOR does use or disclose PHI for a purpose not expressly stated in this Agreement, it shall immediately cease the unauthorized use or disclosure, and shall notify CITY in writing of such use or disclosure. CONTRACTOR agrees to mitigate, to the extent practicable, any harmful effect known to it of a use or disclosure of PHI not allowed under this Agreement.

2. CONTRACTOR further agrees that any sub-contractors or other persons or entities not directly employed by CONTRACTOR who use or disclose PHI obtained from CITY, shall abide by terms of this clause of this Agreement. Any sub-contractor or other person or entity not directly employed by CONTRACTOR that has used or disclosed PHI without proper authorization (as defined in HIPAA and subsequent federal, state, and local regulations) shall be considered to have acted as an agent of CONTRACTOR, and have violated the terms of this Agreement. CITY may consider this use or disclosure a material breach of this Agreement.

3. By signing this Agreement, CONTRACTOR is assuring CITY it has met the minimum safeguards necessary to protect unauthorized use or disclosure of PHI to any person or entity not party to this Agreement. Such safeguards shall include the security safeguards outlined by the 1996 Health Insurance Portability and Accountability Act and subsequent federal regulation, including: physical access to PHI, technical access to PHI, and administrative policies and procedures addressing security of PHI.

4. Provider shall report to CITY any instance or circumstance in which PHI has been used or disclosed by an unauthorized person or entity, including accidental disclosure by CONTRACTOR. CONTRACTOR shall notify CITY in writing of any steps or procedural changes made to address the unauthorized use or disclosure.

5. Should CITY find PHI used or disclosed to CONTRACTOR to be inaccurate or incomplete, CONTRACTOR shall incorporate any amendments or corrections to the PHI at CITY’s request.

6. CONTRACTOR will make PHI available to the individual who is the subject of the PHI for amendment. Such requests by the individual for their PHI from CONTRACTOR will be made through County. CONTRACTOR will incorporate any amendments to PHI that have been made by CITY by virtue of the individual’s request for amendment.

7. CONTRACTOR will provide a timely accounting to the individual or to CITY, if requested by either, of the disclosures of an individual’s PHI.

8. Should CONTRACTOR make any material alterations to the PHI while the PHI is in its possession, CONTRACTOR shall notify CITY of such alterations so that CITY may inform the patient who is the subject of the PHI.

9. At the termination of this Agreement, CONTRACTOR shall return or destroy to the satisfaction of CITY any PHI held or maintained by CONTRACTOR and retain no copies of such information. If CITY and CONTRACTOR mutually agree that returning or destroying the PHI is not feasible or permitted under law, the PHI will remain protected after this agreement ends for as long as CONTRACTOR maintains the information. Further uses or disclosures of the PHI will be limited to those purposes that make the return or destruction infeasible.

(F) If CITY determines CONTRACTOR has violated any of the above assurances, covenants or terms, the CONTRACTOR has committed a material breach of this Agreement. CITY may then provide CONTRACTOR with an opportunity to cure the breach or may terminate this Agreement and may report the violations to the Department of Health and Human Services (“HHS”) or other federal or state entity for possible prosecution or sanctions.

(G) Both parties to this agreement agree that they will protect the integrity and confidentiality of any PHI being shared electronically.

(H) CONTRACTOR hereby gives CITY and the Department of Health and Human Services (or an agent acting on behalf of HHS) the express right to inspect any and all internal practices, books, and records relating to the use or disclosure of PHI by CONTRACTOR. If HHS suspects an unauthorized use or disclosure of PHI by CONTRACTOR, HHS is authorized to pursue an investigation into CONTRACTOR’s activities for the purposes of determining whether an unauthorized use or disclosure of PHI has taken place.

(I) CONTRACTOR may have policies and procedures relating to privacy and security in place prior to the commencement of this Agreement. If, after reasonable investigation, CITY concludes CONTRACTOR’s policies and procedures to be “adequate” protection of a patient’s privacy rights relating to PHI, CONTRATOR may elect to continue to use its own policies and procedures. The term “adequate” in this clause means CONTRACTOR’s policies and procedures meet the minimum privacy and security standards as set forth in CITY’S privacy and security policies and procedures.

(J) CITY, through the appropriate Department will:

1. Provide CONTRACTOR with its Privacy Notice;

2. Provide CONTRACTOR with any changes in, or revocation of, permission by a patient to use or disclose PHI, if such changes affect CONTRACTOR’s permitted or required uses or disclosures; and

3. Notify CONTRACTOR of any restriction to the use or disclosure of PHI to which the CITY has agreed.

(K) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information (ePHI) that it creates, receives, maintains, or transmits on behalf of the CITY.

(L) Ensure that any agent, including a subcontractor, to whom CONTRACTOR provides ePHI agrees to implement reasonable and appropriate safeguards to protect this information.

(M) Report to Security Officer of the CITY any security incidents of which it becomes aware. (A security incident is defined as the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.)

EXHIBIT F – KEY PROJECT CONTACTS

Project: City of Cortland Roundhouse Mill Demolition Project

DEMOLITION

PRIMARY CONTACT:

ON-SITE PROJECT MANAGER(S)

NAME & TITLE PHONE

SECONDARY CONTACT:

PHONE

EMERGENCY CONTACT (24/7):

PHONE

Certification Firm Name: ____________________________________________________________ Authorized Representative: ________________________________________________ Signature: _______________________________ Date: __________________________

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

TABLE OF CONTENTS

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6-a). However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract.

4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, 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.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex (including gender identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic…