City of Cortland Unit Priced Tree Acquisition and Planting Services- RFP.docx

CITY OF CORTLAND

NOTICE TO BIDDERS

Request for Proposals Specifications Unit Priced Tree Acquisition and Planting Services The City of Cortland is seeking written proposals (RFP), from tree planting professionals to procure and plant fifty-two (52), 2”–2.5” caliper, Quality trees. It is strongly recommended that Balled and Burlapped (B&B) nursery stock be considered to ensure successful establishment and long-term viability. The goal of the program is to replace the City’s tree canopy, improve aesthetics, and provide shade to screen pedestrians from harsh conditions, including urban heat islands, extreme weather, and traffic noise and pollution.

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://cortlandny.gov/Bids.aspx Respective bidders are encouraged to visit the various sites to verify site conditions for the project. M/WBE and Section 3 firms are strongly encouraged to submit proposals.

Proposals should be clearly marked " RFP-City of Cortland Ash Tree Replacement Project" on the outside and received in the City Clerk’s Office, located on the 2nd floor of City Hall, 25 Court Street, Cortland, New York 13045. Submission of one (1) hard copy is required and may be delivered by mail or in person. In addition, an electronic copy provided on a flash drive is requested accompanying the hard copy. Electronic submissions alone, without the required hard copy, will not be accepted.

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 must be received no later than Noon June 18, 2026.

Any proposal received later than, Noon, July 3, 2026, whether delivered in person or postal mail shall be disqualified.

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.

BIDS DUE –July 3, 2026, NOON

For Questions Contact: Randi Mowry Purchasing Manager 607-844-7135 rmowry@cortlandny.gov

1. Background & Scope:

The City of Cortland has been awarded funding the New York State Department of Environmental Conservation’s Urban Community Forestry program to remove dead or dying ash trees and replace those trees. Planting canopy trees will produce long-term benefits, which will continue to increase each year as the trees mature and additional trees are planted in future phase planned plantings. Trees sequester carbon, enhance biodiversity, improve air quality and protect water quality by helping to manage storm water and alleviate the urban heat island effect. Shade trees also encourage social interactions, improving residents' health and quality of life.

The trees shall be planted on city owned property or in the city right of way along various streets. An inventory of all trees planted is required, including street address location, species, and size. Species noted as “fall dig hazard” should be avoided or those included should be container grown or spring dug (REFERENCE EXHIBIT F). Planting shall occur during the fall of 2026 (September 1st-November1st). The City reserves the right to expand or reduce the Scope of Work. All work included in the project will be covered by New York State Department of Labor prevailing rate. All work included in this project is subject to the New York State Department of Labor Prevailing Wage Law. The applicable Prevailing Rate Case (PRC) Number is 2026007206. The Contractor shall comply with the wage rates and supplements contained in the issued schedule.

2. Applicable Standards: Following is a listing of key standards and practices that must be complied with for this Work. In all instances, the most current applicable standards, practices, and or regulations are to be utilized.

a. Local, county, state, and federal regulations

b. American National Standards Institute, Guide to Nursery Stock Z60.1 for Nursery Stock and associated recommended standards referenced

c. American National Standards Institute (ANSI A300), Tree Care Standards and associated recommended standards referenced

d. American National Standards Institute (ANSI) Z133 Arboriculture Safety Standards and associated recommended standards referenced

e. International Society of Arboriculture (ISA), Best Management Practices, Tree Planting

f. Federal Occupational Safety and Health Administration Standards (OSHA)

3. Qualifications:

a. The Contractor shall have experience acquiring and planting trees of the scope and scale of this Work and shall provide a list of five (5) similar projects, with references, completed by the Contractor within the last 10 years.

4. Preliminary Project Meeting and Work and Planting Plan: Within 14 days of the award of a Contract, the Contractor shall meet with the City to present a Work and Planting Plan. NOTE: It is recommended that the Contractor provide the following information in the areas requested on the Proposal Form, where possible:

a. A thorough overview of the tree planting plan including:

i. A detailed project timeline will be provided by the Contractor.

ii. Contractor shall determine with review from the City which species is to be planted at listed location.

iii. The estimated number of crews needed to complete the work and the number of individuals per crew.

iv. The name, email, and phone number for the Supervisor(s) and a list of all employees who will be working on the project along with their experience, training, and qualifications.

v. The Contractor shall coordinate utility mark outs utilizing UDig NY prior to planting.

vi. The Contractor shall provide notice to the City of any potential road closures, potential conflicts, when and how these conflicts will be resolved. The Contractor shall provide to the City a map exhibiting when and where various street blockages will occur.

vii. An emergency action plan in the event of any safety issues.

viii. A list of all equipment to be used, how it will be used, whether it will be leased or owned, who will be using this equipment, and employee qualifications and experience with this equipment.

ix. In the event that utility or other obstructions do not allow for planting, the City will provide a backup location for planting.

x. The City shall work with the Contractor to communicate with residents to ensure they are informed of new trees being planted. This may include a community newsletter notice, doorhanger, public meeting, etc..

xi. Affirmation that the Work will be completed in the time period specified.

5. Safety and Permits: Safety is one of the primary objectives of this RFP. The Contractor shall comply with all local, county, state, federal, and national safety standards, practices, and permitting requirements.

a. It shall be the Contractor’s responsibility to ensure that their staff comply with relevant best management practices, standards and safety practices, and have the appropriate training, licensing, and qualifications to do the Work safely.

b. It shall be the Contractor’s responsibility to contact UDig NY, or other utility location company, to identify the locations of any potential utility conflicts or obstructions. No work shall proceed until utility locations have been identified and all potential conflicts resolved.

c. Work areas shall be inspected to determine other underground services, e.g., private irrigation systems, and the City shall be contacted in writing prior to proceeding to work in these areas.

d. The Contractor shall protect their staff and the public throughout the implementation of the Work. Proper personal protection equipment, flagger personnel, warning signs, barricades, and/or other protective devices shall be provided by the Contractor. Traffic control shall comply with local, state, and federal requirements, standards, and permitting.

e. The Contractor shall notify the City immediately if any safety issues develop.

f. It is the Contractor’s responsibility to comply with all PESH, OSHA, and other standards and proper equipment operations to ensure that their crews are working safely.

6. Reporting:

a. At the end of every planting week, the Contractor shall submit to the City a written report (email or typed hard copy) of which trees were planted, their locations, and confirm next steps in the work plan, i.e., where the Contractor intends to start planting the next work week. Any changes in planting or use of backup locations shall be detailed in the weekly progress report.

7. Supervisor and Crew: The Contractor shall provide sufficient Supervisors and crews to complete the work as specified.

a. Each crew shall be led by a Supervisor. The Supervisor shall be on-site with their crew at all times.

b. The Supervisor shall qualified with experience completing and conducting proper tree plantings, as specified, and experience supervising a planting crew.

c. Prior to the start of the project, the Contractor shall provide contact information for each Supervisor that will be working on the project including their name(s) and phone number(s).

d. The Supervisor(s) and crew(s) must be respectful of residents and other concerned individuals. If a concern or issue develops, the Contractor shall stop working in the area in question and contact the City. The City will notify the Contractor when work can resume in that location. All residents, or individuals with complaints or concerns, should be directed to the City.

8. Site Clean-Up: The Contractor shall clean up each site where work has taken place at the end of each day of operation. Clean-up includes removal and proper disposal of planting materials, soil, turf, or other materials, and includes raking turf and sweeping pavement. The site shall be returned to the same or better condition than it was in prior to commencement of the work.

9. Debris Disposal: The Contractor is responsible for the disposal of all debris and leftover material and returning the site to its original or better condition after planting. At no time shall materials or equipment create a safety hazard. Disposal, and any costs related to disposal, are the responsibility of the Contractor.

10. Acquisition of Trees: It is the responsibility of the Contractor to supply the trees based on the City’s requested species list. The City reserves the right to observe, inspect or reject the trees at the day of delivery and/or prior to planting.

a. The City shall provide a list of species, included in the Schedule of Unit Prices, in this Specification. This list shall include tree species, variety and size. The Contractor shall complete the table for submission based on project plan and acquisition.

b. All trees must meet the most recent ANSI Z60.1 standards for Nursery Stock.

c. No substitutions for species, size, or production method will be allowed unless approved in writing by the City.

d. The selected trees are to be grown in a Cold Hardiness Zone that does not exceed Zone 5.

e. If the nursery marks the tree trunk for sun orientation, i.e., north side of the tree, then the Contractor shall orient the tree in the same direction when planting at the site.

f. The City reserves the right to decline any and all trees after on the day of delivery.

g. The trees shall have average to normal, well-developed branches with vigorous root systems and good trunk to root attachment.

h. The tree trunk, if single stem, shall be straight with one central leader.

i. All trees, at the nursery and after planting, shall be free from defects or damage, including multiple or crooked leader, crooked trunks, bark abrasions, broken bark or branches, sunscald, stubs, or other deformities.

j. Trees must exhibit normal health and vigor.

k. All trees shall be true to their name as specified.

l. During the acquisition and delivery period, the Contractor will ensure that all of the trees, including root systems, shall be protected from damage including extreme wind, sun, frost, drought, or inundation.

m. All trees shall be labeled by plant name. Labels shall be attached securely to all trees when delivered and planted. Plant labels shall be durable and legible, with information given in weather-resistant ink or embossed process lettering.

n. Balled and burlapped grown trees shall comply with ANSI Z60.1 for Nursery Stock. All trees shall:

1. Have a root to trunk ratio as specified in the standard.

2. Have a trunk that is located equally in the center of the root ball.

3. Have a root ball depth sufficient to include the necessary roots to ensure healthy growth.

4. Have a root ball wrapped in non-synthetic, decomposable, natural, untreated burlap. The burlap shall be removed from the top third of the root ball at planting. Burlap shall NOT be folded down into the planting hole. It must be removed.

5. Not have a hand-packed root ball.

6. Be prepared with a root ball that is firmly bound with natural twine. Chemically treated or nylon binding twine will not be accepted. All twine shall be removed at planting.

7. If a wire basket is required to provide stability for the root system, the basket shall be low profile. If planting soils at the nursery are sandy, a full wire basket may be needed to transport the root ball. Full wire baskets shall have the top 30% to 50% of the basket removed prior to filling the planting hole.

8. Balled and burlapped trees shall not be dug until after the tree orders have been placed with the Contractor and not more than 30 days before the trees are to be planted. The digging season shall be consistent with species tolerances.

11. Transportation of the trees: The transportation, loading, unloading, and staging of trees, from the nursery to the city ’s planting sites shall be the responsibility of the Contractor, including all associated costs.

a. Trees shall be moved by the root ball and shall not be moved using their trunks.

b. All trees shall be loaded and unloaded from trucks or trailers mechanically or by using an approved cushioning process. Dropping trees is strictly prohibited, whether at the nursery, staging area, or at the planting site. .

c. Trees shall be covered and protected so that windburn or desiccation does not take place to the root ball, branches, or leaves in transport.

d. Tree root balls shall be uniformly moist, but not overly wet, at delivery.

e. During transport and handling, trees shall be securely fastened and positioned to reduce the potential for root to trunk detachment, bark abrasions, or other damage.

f. Once the trees have been picked up from the nursery by the Contractor, they shall be appropriately protected so they are kept healthy and do not sustain any damage while being staged and held by the Contractor until after they are planted and accepted by the city.

12. Planting of Trees:

a. All trees are to be planted on the city’s property and locations provided by the city.

b. Planting shall take place when weather conditions are appropriate.. Fall planting shall take place between September 1 and November 1.

c. Trees shall be planted within three (3) days from transport from the nursery. If the Contractor requires more than three (3) days to plant the trees, they may either take multiple deliveries of the trees from the nursery, or stage the trees at a location approved by the city. The Contractor will be responsible for maintaining the trees in a healthy condition prior to planting, including but not limited to watering and mulching root systems to prevent roots from drying out. All tree root balls should be moist at planting. At no time shall the trees be staged longer than four (4) weeks.

d. Care shall be taken to remove any soil above the root flare, and to observe any girdling roots and correct them prior to planting. If it is not possible to repair the problem, the tree shall be rejected and replaced by the Contractor.

e. The planting hole shall be twice the diameter of the root ball, with sloping sides—wider at the top than the bottom—and shall not exceed the depth of the root flare to the bottom of the root ball. (See illustration provided in the Specification.)

f. Balled and Burlapped Trees:

i. The Contractor shall remove the entire wire basket, burlap, and twine from the root ball. If the root ball is unstable and there is a full wire basket, the top 30% to 50% of the basket must be removed once the root ball is in the planting hole, and prior to filling the hole.

ii. Remove any circling roots and cleanly prune portions of damaged roots as necessary.

g. Immediately prior to planting, proper planting depth must be determined. Proper planting depth requires that the tree’s root flare be at or slightly above the finished grade. It is important to determine how deep the root flare is in the root ball before the hole is dug and the tree is placed in the planting hole. If excess soil is present, it needs to be removed from the top of the ball so the root flare is exposed.

i. Determine the elevation of the root flare and ensure that the root flare is planted at or slightly above grade. This may require that excess soil be removed from the top of the root ball to get to the root flare before digging the hole.

ii. Trees planted too deep, without the root flare at grade, will be rejected and the Contractor shall have to replant the trees.

iii. Trees shall be set on flat-tamped or unexcavated soil, providing a solid foundation with less likelihood of shift.

h. Trees shall be set and braced in the hole to achieve a straight vertical position. Once a straight vertical position is achieved, topsoil can be placed and tamped around the base of the root ball. Improper compacting of the soil around the root ball may result in the tree settling or leaning. Trees shall be set so that the root ball does not shift or move laterally one year later. Trees shall be vertically plumb—leaning trees will be rejected.

i. Backfill the hole using hand tools, and tamp down the soil between the root ball and the side of the hole until the hole is filled. The root flare should be at or slightly above grade.

j. The City will water each tree the day of or within 2 days of planting. Watering will be based off of the project plan and weekly progress report provided by the Contractor.

k. Each tree shall be mulched with shredded hardwood. Material shall be mulching grade, uniform in size and free of foreign matter. A sample shall be provided to the City for approval prior to any application. Each tree shall be mulched with approximately three (3) inches of mulch, taking care that the mulch shall not touch the trunk of the tree.

l. No tree wrap is required or recommended.

m. No fertilizer is required.

n. The Contractor is responsible to remove any remaining soil, turf, or other spoil from the site and dispose of this material properly. Any costs associated with this removal shall be the responsibility of the Contractor.

o. All soil and material shall be raked from the turf and removed. All walks, streets, public ways, and private property shall be swept and left in a condition equal to or better than it was found.

p. All pruning at planting shall be restricted to only those branches that may be dead or broken. Healthy branches should be left in place for the first three (3) years of growth. All pruning shall be completed using clean, sharp tools. All cuts shall be clean and smooth, made at the branch bark ridge, with the bark intact and no rough edges or tears, in accordance with ANSI A300 and ISA standards.

q. Each tree shall be staked using two or three stakes place outside of the root ball, using canvas flexible ties, and placed no more than half the height of the tree.

r. If the Contractor determines a tree planting site is unacceptable, the Contractor shall notify the City immediately. The City will then determine if a backup site is necessary.

13. Warranty:

a. All trees shall be warranted for a period of one year from the date of Substantial Completion Acceptance.

b. The Contractor shall guarantee all trees to be in healthy and flourishing condition for a period of one year from the date of acceptance.

c. The Contractor shall replace, without cost, as soon as weather permits, and within a specified planting period, all trees determined by the City to be dead or in an unacceptable condition, during and at the end of the warranty period.

d. A survivability inspection will be conducted by the New York State Department of Environmental Conservation (NYSDEC), who provided grant funding for this project. The City will notify the Contractor if the survivability inspection determines that a tree(s) must be replaced. Replacements shall match the tree species and size of the tree being replaced unless approved in writing by the city.

e. Replacement shall be subject to all requirements stated in this Specification.

f. At the time of planting, the Contractor shall correct all grade changes created by typical work methods associated with planting trees.

g. A new one-year warranty will be provided for all newly planted replacement trees. If a replacement tree declines or dies, the Contractor shall give to the city the option of a replacement tree or a credit for the tree and associated planting costs. The Contractor is not responsible for any trees damaged by others, acts of God, or due to a natural disaster.

h. Claims by the Contractor that the city’s maintenance practices, or lack of maintenance, resulted in dead or dying plants will not be considered if such claims have not been documented by the Contractor and presented in writing to the city during the warranty period.

14. Final Inspection and Substantial Completion Acceptance:

a. At the completion of the Work, the Contractor shall provide the city with a notification of substantial completion. This notification shall be in writing and at least five (5) calendar business days before the anticipated date for final inspection. The City will inspect the Work and will provide the Contractor, in writing, a notification of any deficiencies. The Contractor will have 10 calendar days to resolve these deficiencies and submit a written Notification of Completion to the City. If the deficiencies have been resolved, the city shall certify in writing that the Work has received final acceptance.

b. If the Contractor fails to comply with the warranty requirements within a reasonable time after written notification, the City reserves the right to complete the work or secure replacement services by other means and charge the cost thereof to the Contractor.

15. Payment: Payment shall be made in accordance with the following schedule, subject to acceptance of the work by the City:

a. Eighty-five percent (85%) of the total contract amount shall be paid upon satisfactory completion of planting and acceptance of all trees.

b. Fifteen percent (15%) of the total contract amount shall be retained by the City and released after expiration of the one-year warranty period, provided all trees remain in acceptable condition and all warranty requirements have been fulfilled to the satisfaction of the City.

16. Insurance: The Contractor shall name the City of Cortland as an unrestricted additional insured and shall indemnify and save harmless the City of and from any and all claims, actions, damages, and charges of every name and nature whatsoever arising from the negligence or want of care of the Contractor, his agents or employees in the execution of the work contemplated before commencing operations. The Contractor shall secure comprehensive automobile liability coverage for all vehicles. Said policy shall protect both injury and property damage in at least the sum of $1,000,000.00 single limit.

General Liability:

1) Comprehensive Form

2) Premises/Operations

3) Underground Explosions & Collapse Hazard

4) Products/Completed Operations

5) Contractual

6) Independent Contractors

7) Broad Form Property Damage

8) Personal Injury

9) Other-Pollution Liability Liability Limits for the General Liability Insurance Listed Above

1) Bodily Injury: $3,000,000 Each Occurrence $3,000,000 Aggregate

2) Property Damage: $3,000,000 Each Occurrence $3,000,000 Aggregate

3) BI and PD Combined: $3,000,000 Each Occurrence $3,000,000 Aggregate Personal Injury: $3,000,000 Aggregate

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

17. Prevailing Wage: All work included in this project is subject to the New York State Department of Labor Prevailing Wage Law. The applicable Prevailing Rate Case (PRC) Number is 2026007206. The Contractor shall comply with the wage rates and supplements contained in the issued schedule.

18. Locations: All are Residential addresses located in the City row, excluding Yaman Park .

TREE ACQUISITION & PLANTING FORM

Respondent/Bidder Name: ___________________________________________________________________________

Included in the Price/Unit and Total Price are the costs of all logistics, staff, materials, equipment, and incidentals required to complete the work as outlined in the Specification.

Species

Amelanchier laevis 'JFS-Arb

Spring Flurry” Serviceberry

Ulmus 'Morton Glossy

Triumph Elm

Total

Total Estimated Quantities Pricing: $______________________________________

List the nursery and the address where trees are to be purchased:

1. Nursery Name & Address: ______________________________________________________________________

2. Nursery Name & Adress: _______________________________________________________________________

3. Nursery Name & Adress: _______________________________________________________________________

19. Procurement Schedule:

20. Submission Proposals:

Proposals should be clearly marked " RFP-City of Cortland Ash Tree Replacement Project" on the outside and received in the City Clerk’s Office, which is located on the 2nd floor of City Hall, 25 Court Street, Cortland, New York 13045. Submission of one (1) hard copy is required and may be delivered by mail or in person. In addition, an electronic copy provided on a flash drive is requested accompanying the hard copy. Electronic submissions alone, without the required hard copy, will not be accepted.

Any proposal received later than, Noon, July 3, 2026, whether delivered in person or postal mail shall be disqualified.

All proposals received will be reviewed by City Staff. The staff’s recommendation will go to the Cortland City Council for final approval.

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.

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.

21. Submission Requirements:

· Company profile and history of detailed services.

· Completed Tree Acquisition and Planting Form.

· Copies of all licenses, permits, and certifications relating to the qualifications for this RFP.

· NYS Authority to do Business in New York State.

· Proof that signatory is at least a 50% owner and has the authority to act on behalf of the firm/business.

· References of at least 3 customers whom they have provided similar service in the last 5 years. Include name, address, phone, and email information for each reference. Letters of recommendation and references from other municipalities or public agencies are preferred.

· Information on any current or pending litigation against the business or any of its principals as it related to the services provided by the business.

· Acknowledgement of any addenda.

· Current W-9.

· Copy of NYS M/WBE Certification (if applicable).

· EXHIBIT A- ACKNOWLEDGEMENT AND AGREEMNT TO COMPLY WITH STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS (APPENDIX A)

· EXHIBIT B – DRUG FREE WORKPLACE

· EXHIBIT C- NON COLLUSIVE BIDDING CERTIFICATE

· EXHIBIT D- CONFLICT OF INTEREST: -If applicable, provide a statement of any recent, current, or anticipated contractual obligations that relate to similar work that may have a potential to conflict with the firm’s involvement with this project.

· Proof Of Insurance

22. Selection: City of Cortland staff, with the help of a consulting arborist, will evaluate all submitted proposals. Following this review, the consultant may be asked to provide more details by phone or email for clarity.

If, for any reason, the selected firm/consultant is not able to move forward with their proposal within 30 days, the City of Cortland reserves the right to contract with another qualified firm/individual. However, firm/consultant extended timetables will be considered, within the DEC Urban and Community Forestry Contract dates.

The City of Cortland shall not be liable for any expenses incurred prior to the contract being signed including the proposal preparation, attendance at interviews or time spent on the oral presentation and/or final contract negotiations.

City staff 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.

The City of Cortland reserves the right to reject any and all proposals or to request more information from any or all of the firms/individuals.

EXHIBIT A – 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:

CITY OF CORTLAND

OFFICE OF THE CITY CLERK

REQUEST FOR PROPOSALS

EXHIBIT B – DRUG FREE WORKPLACE

Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the Bids will be followed if none of the tied vendors have a drug free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1).

4) In the statement specified in Subsection (1), notify employees, that, as a condition of working of the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of any controlled substance law in the United States or any state or Cortland County, for a violation occurring in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies with the above requirements.

EXHIBIT C - 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 D - 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:

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 E -PRIVACY AND SECURITY (HIPAA)

The purpose of this clause is to set forth the requirements for privacy and security of protected health informon (“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 – TREE FALL DIGGING HAZARDS REFERENCE

These are trees that have been found to have poor survival rates when dug for transplanting in the Fall. When possible, secure Spring dug material or container-grown trees.

Acer rubrum and cultivars Red Maple Betula species Birch Carpinus species Hornbeam Celtis species Hackberry Cercidiphyllum species Katsura Cercis species Redbud Cornus florida and cultivars Flowering Dogwood Cornus kousa and cultivars Kousa Dogwood Crategus species Hawthorn Fagus species Beech Gleditsia species Honeylocust Halesia species Silverbell Koelreuteria paniculata Goldenraintree Liquidambar species Sweetgum Liriodenron species Tuliptree Magnola species Magnolia Malus in leaf Crabapple Nyssa sylvatica Blackgum Ostrya species Ironwood Platanus species Sycamore Prunus species Cherry, Plum Pyrus species Pear, Should not plant these anyway Quercus species Oak, except Pin oak Salix species Willow Sorbus species Mountainash Stone Fruit – Plum, Almond, Apricot, Cherry, Peach Tilia tomentosa and cultivars Silver Linden Ulmus species Elm Zelkova species Japanese Zelkova

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.